Deeds and Conveyancing: Form, Execution, Attestation, Registration and Stamping
What this domain tests
This domain tests the formal validity and enforceability of conveyances: whether the instrument is a deed, how it is executed and attested, and the consequences of stamping and registration.
Core rules
- A deed must be in writing, signed by the maker, sealed where required, and delivered; attestation by a witness is standard. Companies execute by seal or authorised signatory under the Companies and Allied Matters Act.
- Conveyances of land include deeds of assignment, leases, mortgages and releases; the label is less important than the interest created.
- Stamp duty is assessed under the Stamp Duties Act; an unstamped or under-stamped instrument may be inadmissible until duty and penalty are paid.
- Registration under the applicable Land Instruments Registration Law or Registration of Titles Law affects priority and notice; registration does not cure a defective title.
Worked example
A deed of assignment is signed by the vendor, witnessed by one person, and delivered, but it is not stamped before being tendered in court. The court may refuse to admit it until stamp duty and penalty are paid. If it is later registered, registration may preserve priority against a later purchaser, but it cannot validate a forged vendor's signature.
Traps
Treating registration as proof of ownership. Confusing execution by an individual with execution by a company. Assuming a document called a 'receipt' transfers land; a conveyance of a legal estate generally requires a deed.