Seanad debates

Thursday, 9 November 2006

Land and Conveyancing Law Reform Bill 2006: Committee Stage

 

3:00 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

Yes. My question goes further, however, in that I wish to know whether it is even necessary for the individual to be present when the witness endorses the signature. The definition of the word "witness" implies that a witness may endorse a person's signature without necessarily being in the presence of the signatory when the endorsement is made. Has it always been a requirement of land law that one must be in the presence of the person whose signature one is witnessing? That seems to be the requirement in subsections (1), (2) and (3) in that the witnesses and the person signing must both be present. I know that is the practice and is the way the deed is set out. If the deed simply said it must be signed by X and witnessed by Y, the witness would not necessarily need to be present at the same time as the person signing. However, I believe that is the requirement in this section. Is this taking it a bit further than was the case before? Is that a good idea?

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