Deeds: why signing formalities are important

The recent case of Briggs and others v Gleeds (Head Office) and others [2014] EWHC 1178(Ch) serves as a reminder of the potential dangers of failing to comply with the statutory rules on how parties to a deed should execute (in other words, sign) it.

Under English law, a deed is a written instrument created with the necessary formality which passes or confirms an interest, right or property, or which creates or confirms an obligation binding on some person.

Deeds are necessary in various circumstances, for example, when creating a trust, transferring a legal interest in land or granting a power of attorney. Even where there is no legal need to use a deed, parties may choose to do so. Typically this will be either to overcome any concerns about the lack of contractual consideration or to get the benefit of the longer limitation period that applies to claims under deeds…

Click on the link below to read the rest of the Dentons briefing.

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