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Guide to executing deeds and documents in property transactions

Published by a ³ÉÈËÓ°Òô Property expert
Precedents

Guide to executing deeds and documents in property transactions

Published by a ³ÉÈËÓ°Òô Property expert

Precedents
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This Precedent sets out precedent Execution clauses for the types of entities most commonly encountered in property transactions. It includes provisions for both contracts and deeds.

Most entities will have a choice of methods of execution. Consequently, it is important to check with your Client as to their preferred/required method.

Where appropriate, the example execution clauses specified are those prescribed by the Land Registration Rules 2003, SI 2003/1417, or recommended by HM Land Registry (HMLR) in the relevant HMLR Practice Guide. For deeds which are to be submitted to HMLR, the form of execution should always be checked against current HMLR requirements. For further guidance, see Practice Note: Property deeds—use and execution of deeds in property transactions — HM Land Registry requirements.

Note that a contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). This means that it must:

  1. •

    be in writing;

  2. •

    contain or incorporate all of the terms expressly agreed by

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Jurisdiction(s):
United Kingdom
Key definition:
Deed definition
What does Deed mean?

Deeds are written agreements but differ from contracts in that the limitation period is 12 years and consideration is not required. There are very few categories of transactions that require execution by deed but they are transfers of land, leases, mortgages and charges, sales by mortgagees, appointments of trustees, powers of attorney and gifts.

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