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LAW OF PROPERTY ACT 1936 - SECT 41

LAW OF PROPERTY ACT 1936 - SECT 41

41—Execution and attestation of deeds

        (1)         The following rules govern the execution of a deed:

            (a)         a natural person executes a deed by signing, or making a mark, on the deed;

            (b)         a body corporate executes a deed by affixation of the common seal of the body corporate to the deed in accordance with the rules governing the use of the common seal;

            (c)         a deed may be executed on behalf of a party to a deed—

                  (i)         by an attorney acting in pursuance of an authority conferred by deed; or

                  (ii)         where a party is a natural person—by a person acting at the direction, and in the presence, of the party.

        (2)         The execution of a deed must be attested—

            (a)         where the deed is executed by a natural person—by at least one witness who is not a party to the deed;

            (b)         where the deed is executed by a person acting at the direction, and in the presence, of the party—by a person who is authorised by law to take affidavits.

        (3)         Delivery and indenting are not necessary in any case.

        (4)         Notwithstanding the defective execution of a deed by or on behalf of a party to the deed, the execution will be taken to be valid if it appears from evidence external to the deed that the party intended to be bound by it.

        (5)         Notwithstanding any other law, an instrument executed in accordance with this section is a deed if—

            (a)         the instrument is expressed to be an indenture or deed; or

            (b)         the instrument is expressed to be sealed and delivered or, in the case of an instrument executed by a natural person, to be sealed; or

            (c)         it appears from the circumstances of execution of the instrument or from the nature of the instrument that the parties intended it to be a deed.