Law of Property (Miscellaneous Provisions) Act 1989
| Jurisdiction | UK Non-devolved |
| Citation | 1989 c. 34 |
| Year | 1989 |
restricts the substances on which a deed may be written;requires a seal for the valid execution of an instrument as a deed by an individual; orrequires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed,it makes it clear on its face that it is intended to be a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise) ; andit is validly executed as a deed by that person or, as the case may be, one or more of those parties.(2A) For the purposes of subsection (2) (a) above, an instrument shall not be taken to make it clear on its face that it is intended to be a deed merely because it is executed under seal.by him in the presence of a witness who attests the signature; orat his direction and in his presence and the presence of two witnesses who each attest the signature; andit is delivered as a deed (4) In subsections (2) and (3) above “sign”, in relation to an instrument, includes making one’s mark on the instrument and “signature” is to be construed accordingly.(4A) Subsection (3) above applies in the case of an instrument executed by an individual in the name or on behalf of another person whether or not that person is also an individual.(5) Where F11a relevant lawyer, or an agent or employee of a relevant lawyer, in the course of or in connection with a transaction ..., purports to deliver an instrument as a deed on behalf of a party to the instrument, it shall be conclusively presumed in favour of a purchaser that he is authorised so to deliver the instrument.(6) In subsection (5) above—
- F7“purchaser” has the same meaning as in the Law of Property Act 1925;
- F12
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