http://www.legislation.gov.uk/ukpga/1989/34Law of Property (Miscellaneous Provisions) Act 1989An Act to make new provision with respect to deeds and their execution and contracts for the sale or other disposition of interests in land; and to abolish the rule of law known as the rule in Bain v. Fothergill.1989-07-27texttext/xmlenStatute Law Database2015-08-31Expert Participation2010-06-30 Law of Property (Miscellaneous Provisions) Act 1989s. 7Judicial Factors (Scotland) Act 2025sch. 3 Pt. 1s. 54(2)Law of Property (Miscellaneous Provisions) Act 1989s. 14Judicial Factors (Scotland) Act 2025sch. 3 Pt. 1s. 54(2) 1989 c. 34An Act to make new provision with respect to deeds and their execution and contracts for the sale or other disposition of interests in land; and to abolish the rule of law known as the rule in Bain v. Fothergill.[27th July 1989]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—11Any rule of law which—arestricts the substances on which a deed may be written;brequires a seal for the valid execution of an instrument as a deed by an individual; orcrequires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed,is abolished.2An instrument shall not be a deed unless—ait makes it clear on its face that it is intended to be a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise); andbit is validly executed as a deed by that person or, as the case may be, one or more of those parties.2AFor the purposes of subsection (2)(a) above, an instrument shall not be taken to make it clear on its face that it is intended to be a deed merely because it is executed under seal.3An instrument is validly executed as a deed by an individual if, and only if—ait is signed—iby him in the presence of a witness who attests the signature; oriiat his direction and in his presence and the presence of two witnesses who each attest the signature; andbit is delivered as a deed ...4In subsections (2) and (3) above “sign”, in relation to an instrument, includes making one’s mark on the instrument and “signature” is to be construed accordingly.4ASubsection (3) above applies in the case of an instrument executed by an individual in the name or on behalf of another person whether or not that person is also an individual.5Where a relevant lawyer, or an agent or employee of a relevant lawyer, in the course of or in connection with a transaction ..., purports to deliver an instrument as a deed on behalf of a party to the instrument, it shall be conclusively presumed in favour of a purchaser that he is authorised so to deliver the instrument.6In subsection (5) above—“purchaser” has the same meaning as in the Law of Property Act 1925; “ relevant lawyer ” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act). ......7Where an instrument under seal that constitutes a deed is required for the purposes of an Act passed before this section comes into force, this section shall have effect as to signing, sealing or delivery of an instrument by an individual in place of any provision of that Act as to signing, sealing or delivery.8The enactments mentioned in Schedule 1 to this Act (which in consequence of this section require amendments other than those provided by subsection (7) above) shall have effect with the amendments specified in that Schedule.9Nothing in subsection (1)(b), (2), (3), (7) or (8) above applies in relation to deeds required or authorised to be made under—athe seal of the county palatine of Lancaster;bthe seal of the Duchy of Lancaster; orcthe seal of the Duchy of Cornwall.10The references in this section to the execution of a deed by an individual do not include execution by a corporation sole and the reference in subsection (7) above to signing, sealing or delivery by an individual does not include signing, sealing or delivery by such a corporation.11Nothing in this section applies in relation to instruments delivered as deeds before this section comes into force.21A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.2The terms may be incorporated in a document either by being set out in it or by reference to some other document.3The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (but not necessarily the same one) must be signed by or on behalf of each party to the contract.4Where a contract for the sale or other disposition of an interest in land satisfies the conditions of this section by reason only of the rectification of one or more documents in pursuance of an order of a court, the contract shall come into being, or be deemed to have come into being, at such time as may be specified in the order.5This section does not apply in relation to—aa contract to grant such a lease as is mentioned in section 54(2) of the Law of Property Act 1925 (short leases);ba contract made in the course of a public auction; orca contract regulated under the Financial Services and Markets Act 2000, other than a regulated mortgage contract a regulated home reversion plan, a regulated home purchase plan or a regulated sale and rent back agreement;and nothing in this section affects the creation or operation of resulting, implied or constructive trusts.6In this section—“disposition” has the same meaning as in the Law of Property Act 1925;“interest in land” means any estate, interest or charge in or over land or in or over the proceeds of sale of land.“regulated mortgage contract”, “regulated home reversion plan”, “regulated home purchase plan” and “regulated sale and rent back agreement” must be read with—asection 22 of the Financial Services and Markets Act 2000,bany relevant order under that section, andcSchedule 2 to that Act.7Nothing in this section shall apply in relation to contracts made before this section comes into force.8Section 40 of the Law of Property Act 1925 (which is superseded by this section) shall cease to have effect.3The rule of law known as the rule in Bain v. Fothergill is abolished in relation to contracts made after this section comes into force.4The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.51The provisions of this Act to which this subsection applies shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint.2The provisions to which subsection (1) above applies are—asection 1 above; andbsection 4 above, except so far as it relates to section 40 of the Law of Property Act 1925.3The provisions of this Act to which this subsection applies shall come into force at the end of the period of two months beginning with the day on which this Act is passed.4The provisions of this Act to which subsection (3) above applies are—asections 2 and 3 above; andbsection 4 above, so far as it relates to section 40 of the Law of Property Act 1925.61This Act may be cited as the Law of Property (Miscellaneous Provisions) Act 1989.2This Act extends to England and Wales only.SCHEDULE 1Section 1.1The Law of Property Act 1925 shall be amended as follows.2In section 52(2)(e) for the words “not required by law to be under seal” there shall be substituted the words “ other than those falling within section 115 below ”.3In section 74(2) for the words “not under seal” there shall be substituted the words “ which is not a deed ”.4In section 80(1) for the words from “under” to “eighty-one” there shall be substituted the words “ made under seal after 31st December 1881 but before the coming into force of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 or executed as a deed in accordance with that section after its coming into force ”.5The following subsection shall be added at the end of section 81—5In its application to instruments made after the coming into force of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 subsection (1) above shall have effect as if for the words “under seal, and a bond or obligation under seal,” there were substituted the words “bond or obligation executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989”.6In section 1 of the Powers of Attorney Act 1971—ain subsection (1), for the words “signed and sealed by, or by direction and in the presence of,” there shall be substituted the words “ executed as a deed by ”; andbsubsection (2) shall cease to have effect.71The following words shall be substituted for the words from the beginning of subsection (1) of section 7 of that Act to the end of paragraph (a)—71If the donee of a power of attorney is an individual, he may, if he thinks fit—aexecute any instrument with his own signature, and.2In subsection (2) of that section—athe words “or (4)” shall cease to have effect; andbfor the words “those subsections” there shall be substituted the words “ that subsection ”.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 2Section 4.

Chapter .	Short Title	Extent
15 & 16 Geo. 5 c. 20.	The Law of Property Act 1925.	Section 40.
		Section 73.
		In section 74(3), the words “and in the case of a deed by affixing his own seal,”.
1971 c. 27.	The Powers of Attorney Act 1971.	Section 1(2).
		In section 7, subsection (1), the words “and seal” and in subsection (2), the words “or (4)”.

1925 c. 20. S. 2(1)-(6) excluded (retrospective to 31.5.1996) by 1996 c. 61 s. 41(1)(2)1925 c. 20. S. 2(5)(c) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 317(2)Words in s. 2(6) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2Definition of “regulated mortgage contract” in s. 2(6) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 317(3)Power of appointment conferred by s. 5(1) fully exercised: 31.7.1990 appointed by S.I. 1990/1175, art. 21925 c. 20. 1925 c. 20. 1971 c. 27. S. 1(4A) inserted (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), arts. 1(1), 7(4)S. 1(2A) inserted (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), arts. 1(1), 8Words in s. 1(5) repealed (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), arts. 1(1), 9, Sch. 2Words in s. 1(6) substituted (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), art. 1(1), Sch. 1 para. 15Words in s. 1(3)(b) repealed (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), art. 1(1), Sch. 2Words in s. 1(6) repealed (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), art. 1(1), Sch. 2Words in s. 2(6) inserted (6.11.2006 for specified purposes and 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383), arts. 1(2), 27(b)S. 1(2)(b) modified (1.10.2009) by Companies Act 2006 (c. 46), ss. 46(1), 1300(2); S.I. 2008/2860, art. 3(d) (with arts. 7, 8, Sch. 2 para. 1)Words in s. 1(5) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 81(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)Words in s. 1(6) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 81(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)Sch. 1 para. 8 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(vii)Words in s. 2(5)(c) substituted (1.7.2009 for specified purposes and 30.6.2010 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 24(a)Words in s. 2(6) substituted (1.7.2009 for specified purposes and 30.6.2010 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 24(b)