Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 6 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by individuals
The individual must sign manually, not in facsimile. However, the Registrar might accept a discharge or release in form DS1 or DS3 though signed in facsimile. A discharge or release in one of these forms must be 'executed as a Deed or authenticated in such manner as the Registrar may approve (rule 114(3) Land Registration Rules 2003).
Attestation by a Witness
The individual must sign "in the presence of a witness who attests the signature" (section 1(3) Law of Property (Miscellaneous Provisions) Act 1989). Land Registry look to see that a witness has signed the deed, that their signature clearly records the witnessing of the signing of the deed by the individual concerned, and that the name and address of the witness appear in legible form on the deed (to allow the witness to be traced should any questions later arise concerning execution).
The relevant legislation does not prevent a signatory's spouse, civil partner or cohabitee from acting as a witness, but this is best avoided. It is also advisable that the witness be no younger than 18 or, at least, of sufficient maturity for their evidence to be relied on should it later prove necessary to verify the circumstances under which the execution took place.
Delivery
The document must be "delivered as a deed" by each person executing it or a person authorised to deliver it on their behalf (section 1(3)(b) Law of Property (Miscellaneous Provisions) Act 1989). Delivery requires that the person expressly or impliedly acknowledges, by words or conduct, an intention to be bound by its provisions.
Where Conveyancing Solicitors and Property Lawyers, in a transaction involving the disposal or creation of an interest in Land, purports to deliver a document as a deed on behalf of a party to it, there is a conclusive presumption in favour of a Purchaser that the Conveyancing Solicitors and Property Lawyers are authorised to deliver it (section 1(5) Law of Property (Miscellaneous Provisions) Act 1989. In practice, Land Registry assume that a document has been delivered as a deed unless there is some indication to the contrary. So if, for example, the words of execution have been modified to provide that delivery has not taken place, or that delivery is not to be presumed until some condition has been fulfilled, Land Registry will require evidence that delivery has subsequently taken place.
Attestation Clause
The general law does not require a particular attestation clause. it is sufficient if the clause makes clear that the signatures of the parties to the deed are intended to be by way of execution and that they were made in the presence of the witnesses. The wording should also state that the document has been executed "as a Deed". Then, even if it is not clear elsewhere in the document that it is intended to be a Deed, the words of execution will make this apparent.
In transfers of registered Property and other deeds whose form is prescribed, Conveyancing Solicitors and Property Lawyers should use the following attestation clause (or its Welsh equivalent) when individuals execute the deed.
Signed as a Deed by
[full name of individual] . . . . . . . . (signature)
in the presence of:
Signature of witness:
Name (in Block Capitals)
Address
(In the case of an Assent the words "as a Deed" may be omitted)
People unable to read or understand a Deed
A person may be illiterate, unable to read a Deed because of physical illness or disability or unable to understand the deed because it is in a foreign language. How such a person informs themselves of the contents of the Deed before execution will depend on the circumstances.
In the person executing the Deed is not sufficiently literate to read it, the contents might be read over to them or the effect of the deed fully explained.
If the signatory is physically impaired so as to be unable to read the Deed, they might have the deed read out or might read an enlarged or braille copy.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 8)
Please telephone Paul on 0161 866 8999 if you require any further information.
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