How do I write a "Deed"?

pilott

More specifically, I need to write a hand written "deed" for a Land registry form DS1 to cancel a charge that I have on a relatives property. I did find some guidance in Land Registry Practice guide 8, but it might as well be written in Greek!

All i can make of this is that there must be a signature, an attestation by a witness and a delivery of the "Deed".

All it says relating to the delivery of the deed is as follows...

The document must be “delivered as a deed” by each person executing it or a person authorised to deliver it on their behalf (s.1(3)(b), LP(MP)A 1989). Delivery requires that the person expressly or impliedly acknowledges, by words or conduct, an intention to be bound by its provisions.


I am realy looking for an example that I can copy or use as a basis for my own deed.

G_M

To be delivered and executed as a deed, the document must be signed by those involved (or their representative ie under a Power of Attorney) to indicate their intention to be bound by it.

Their signature must be witnessed by someone independant. The witness's name, address, occupation should be included.

As for the content of the deed itself, that depends what it is trying to achieve. If in doubt here, get legal advice, as getting it wrong could be problematic.

McKneff

Sounds too complicated to be honest.

You really would be better getting a solicitor to sort it out.

propertyman

I am 99.9% sure that a deed must be drafted by a Solicitor, but this can include a master that is completed by others.

McKneff

If it was done by you, further down the line, if there is a dispute, a good solicitor could just pull it to bits.

must-resist-ebay

The DS1 form is the discharge document, you don't need to write a separate deed but you must sign the DS1 as a deed.
You just need to copy the attestation clause shown in para 3.2 of practice guide 8 into panel 8 of the DS1 and have your signature witnessed.
So in panel 8 you would write;
'Signed as a deed by (your name and signature)
in the presence of (witness name, signature and address)

pilott

must-resist-ebay wrote: »

The DS1 form is the discharge document, you don't need to write a separate deed but you must sign the DS1 as a deed.
You just need to copy the attestation clause shown in para 3.2 of practice guide 8 into panel 8 of the DS1 and have your signature witnessed.
So in panel 8 you would write;
'Signed as a deed by (your name and signature)
in the presence of (witness name, signature and address)

I thought it could not be as simple as this..... Thanks so much. Dont know why they just cant say that instead of writing a leaflet about it!

G_M

propertyman wrote: »

I am 99.9% sure that a deed must be drafted by a Solicitor, but this can include a master that is completed by others.

Not so. Anyone can write a Deed.

Just as anyone can write a will.

And anyone can do their own conveyancing.

But the fact that it is legal to do so, does not mean it is wise to do so.

propertyman

G_M wrote: »

Not so. Anyone can write a Deed..

No sorry GM that is not right....

It is a "reserved instrument activity", with only a small exception clause, under the Solicitors Act 2007.
http://www.legislation.gov.uk/ukpga/2007/29/schedule/2/paragraph/5

How it applies exactly to the OP's circumstances was the reason for the .01% But as it does relate to a charge and msut be executed as a deed, and is not related to a sale of land, I don't see it meets the exemption.

It is this Act that does as you say exempt Wills.

G_M

Always happy to be corrected and learn, but...

Are you sure the Solicitors Act does not apply to carrying out these activities for a fee?

If you are carrying out the activity for yourself (as opposed to charging someone else a fee to do it) I am not sure the Act applies.

I have only looked briefly at the Act, but note:

"The person is exempt if the person is an individual who carries on the notarial activities otherwise than for or in expectation of a fee, gain or reward" (Schedule 3, 5, 4)

propertyman

Again that is the .01% and the circumstances as while I am sure there is no fee, it depends on if what ever they are doing, could be considered a gain or reward.

What I was anxious to clarify was a broad statement "that anyone could" which clearly is incorrect.

Given the tendency of people to take the shortest simplest answer, graze MSE and go away with completely the wrong idea. Eg a Landlord starts writing deeds of covenants for leaseholders or an EA for tenants.

It's an area we have dealt with in detail recently in regard to a certain large property owner and their wicked ways as to who can churn out deeds.