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.