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A deed may in certain circumstances be drafted for its provisions to take effect from a date before the date of its execution. If so, care is required. No deed or contract must ever be back dated (i.e. given a date that is earlier than the date it was executed).
A deed may in certain circumstances be drafted for its provisions to take effect from a date before the date of its execution. If so, care is required. No deed or contract must ever be back dated (i.e. given a date that is earlier than the date it was executed).
The date the deed is signed is the “legal” date, i.e. the date of transfer of the property interest. You can only transfer a property interest that you own, so on November 1 they did not own any property interest that could be transferred.
Finally, an ordinary written contract is effective as soon as it is signed (unless its terms state otherwise), but a deed must be both signed and delivered. It is at the point of delivery that the deed becomes binding and effective.
For a deed to be valid, it must meet the following requirements: The granter must have legal capacity, which means that the granter is of sound mind and lawful again most states, the minimum age is 18. There must be enough information in the deed to identify the grantee with reasonable certainty.
THE PURPOSE OF RECORDING LAWS. In a few states, an unrecorded deed is invalid unless it is recorded. But in most states, an unrecorded deed is valid only between the granter and the grantee. When a deed is unrecorded, it does not give constructive notice to the world of its contents.
Deeds can also be advantageous even when they are not strictly required by law. For example, if only one party under a contract is receiving a real benefit from an agreement, it would be advisable under English law to execute the contract as a deed so that it is not void for lack of consideration.
Section 45 states that an individual may execute a document as a deed if: the individual signs the document. The document is expressed to be an “indenture”, “deed” or be “sealed”. And. The document is signed and attested to by at least one witness not being a party to the document.
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