Seanad debates
Thursday, 9 November 2006
Land and Conveyancing Law Reform Bill 2006: Committee Stage
3:00 am
Joanna Tuffy (Labour)
Subsection (2)(b)(i)(IV) provides that a deed is correctly executed if it is "signed and sealed by the individual". Is it a requirement that such a deed should be witnessed? Will the Minister explain what is required to make the deed "sealed"?
My understanding of current conveyancing law is that the witness does not have to be in the presence of the signatory to validate the deed. Will the Minister clarify whether this is the case? The function of the witness is to endorse the individual's signature, but I understand that endorsement was not required to be made in the latter's presence. However, subsections (2)(b)(i)(I), (2)(b)(i)(II) and (2)(b)(i)(III) specify "in the presence of a witness". Are we introducing a new requirement into conveyancing law with these provisions?
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