Feb 28

Deeds and Documents Under Seal Some observations


So the moral of the story is that ‘less’ is not necessarily ‘more’ when it comes to drafting. Do not just follow a precedent blindly and draw your mind to all the consequences of your terms and the way in which you describe the document and its attestation clauses. Also make sure that when the client and/or other side sign and return the Deed to you that you check to see that it is in order; e.g. it has not witnessed by a party to the Deed Section 45(2) PLA. In particular take careful instructions to make sure you draft an agreement as a Deed or as an Agreement (taking note of the Property Law Act requirements) and whether the document is intended to bind your client or the other parties immediately or conditional upon the fulfilment of conditions and consider the escrow option and document them accordingly (preferably with all the conditions in the same document to make the intention clearer). See Article

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