Seanad debates

Thursday, 23 November 2006

Land and Conveyancing Law Reform Bill 2006: Report and Final Stages

 

5:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

This amendment arises from a discussion on Committee Stage about formalities required for deeds. Section 62 of the Bill gives effect to the Law Reform Commission's report on land and conveyancing law and further general proposals in the execution of deeds. The commission recommended the inclusion of a reference to the sealing of documents to take account of the long-established common law doctrine which provides that a contract made without consideration is enforceable if, but only if, it is made under seal.

This amendment makes it clear that where an instrument would be unenforceable unless it was made under seal, such as a contract where there is no consideration involved, both an attested signature and the individual seal are required.

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