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The deed must be signed by the grantor or grantors if the property is owned by more than one person. The deed must be legally delivered to the grantee or to someone acting on the grantee's behalf. The deed must be accepted by the grantee.
The change was made by the Companies Act and came into force on Sunday. It means that deeds can be signed on behalf of a company by one director rather than two. In English law (though not in Scots law), a deed is a more formal agreement than a simple contract.
Execution of a deed was traditionally done through the signatures of two company directors, one director and the company secretary or by affixing the company's common seal to the document.
In most cases the directors will have authority to bind the company in contract but it is not always so clear-cut. Contracts can be signed on behalf of a company by a person acting under the company's express, implied or apparent authority.
The civil partner, spouse or cohabitee of the signatory can act as a witness so long as they are not a party to the deed, however, it is recommended to avoid this. The Land Registry also advises that no-one under the age of 18 or of insufficient maturity should be relied upon to witness the deed signing.
Signing as a deed requires those very words and the signature of the person "making" the deed. The signature should be on the document itself approximately in the space provided. The words of execution should name the signatory or otherwise make clear who has signed the document.
A signature witness must be an adult, over the age of 18. She should be of sound mind, not under the influence of drugs and not be a party to the document or have any financial interest in it.
A party to a deed cannot be a witness to another signature to that deed. Legislation does not prohibit a signatory's spouse, co-habitee or civil partner from acting as a witness and it is also generally acceptable for an employee of a party to witness that party's signature.
Who can be a witness to the signatory of a deed? ... A witness should not be the signatory's spouse or partner or a family member, and should not have a personal interest in the provisions of the document. Case law has confirmed that a party to the document cannot act as a witness to another party's signature.
Who can witness this? The witness needs to be 18 or over, not a relative, not party to this mortgage and doesn't live in the property. Dependent on who your new lender is, a mortgage advisor may not be an acceptable witness.
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