Seanad debates
Thursday, 9 November 2006
Land and Conveyancing Law Reform Bill 2006: Committee Stage
3:00 am
Jim Walsh (Fianna Fail)
The purpose of having a witness sign the deed is to ensure the signatory cannot subsequently claim it is not his or her signature. The witness's role is to validate. Subsections (2)(b)(i)(I), (2)(b)(i)(II) and (2)(b)(i)(III) make reference to "in the presence of a witness". Subsection (2)(b)(i)(IV), however, refers to "signed and sealed by the individual". I am unsure in what circumstances an individual would have a seal, which is usually associated with corporate entities. If a seal is used, however, I assume it is tantamount to the witnessing of the signature. If the seal of an individual is also endorsed on the document, it would be difficult for him or her subsequently to disown the signature. Will the Minister clarify this provision?
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