Law of Property (Miscellaneous Provisions) Act 1989

Consolidated Text As Enacted Cited authorities (6) Cited in Amendments (48) Related
JurisdictionUK Non-devolved
Citation1989 c. 34
Year1989
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—(7) Where an instrument under seal that constitutes a deed is required for the purposes of an Act passed before this section comes into force, this section shall have effect as to signing, sealing or delivery of an instrument by an individual in place of any provision of that Act as to signing, sealing or delivery.(8) The enactments mentioned in Schedule 1 to this Act (which in consequence of this section require amendments other than those provided by subsection (7) above) shall have effect with the amendments specified in that Schedule.the seal of the county palatine of Lancaster;the seal of the Duchy of Lancaster; orthe seal of the Duchy of Cornwall.(10) The references in this section to the execution of a deed by an individual do not include execution by a corporation sole and the reference in subsection (7) above to signing, sealing or delivery by an individual does not include signing, sealing or delivery by such a corporation.(11) Nothing in this section applies in relation to instruments delivered as deeds before this section comes into force.(1) A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.(2) The terms may be incorporated in a document either by being set out in it or by reference to some other document.(3) The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (but not necessarily the same one) must be signed by or on behalf of each party to the contract.(4) Where a contract for the sale or other disposition of an interest in land satisfies the conditions of this section by reason only of the rectification of one or more documents in pursuance of an order of a court, the contract shall come into being, or be deemed to have come into being, at such time as may be specified in the order.a contract to grant such a lease as is mentioned in section 54(2) of the a contract made in the course of a public auction; ora contract regulated under the Financial Services and Markets Act 2000, other than a regulated mortgage contract F14a regulated home reversion plan, a regulated home purchase plan or a regulated sale and rent back agreement;section 22 of the Financial Services and Markets Act 2000,any relevant order under that section, andSchedule 2 to that Act.(7) Nothing in this section shall apply in relation to contracts made before this section comes into force.(8) Section 40 of the Law of Property Act 1925 (which is superseded by this section) shall cease to have effect.

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