The Miscellaneous Provision Act
The Miscellaneous Provisions Act is also known as the Law of Property Act. It was created in 1989 by the British Parliament and applies to England and Wales. It concerns deeds of property and contracts for the sale of property.
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Function
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The Miscellaneous Provisions Act was created to define deeds and control their execution. It was also created to govern sales contracts for property. A document is not considered a deed unless it states within its wording that it is intended to be a deed and is signed by the owner and a witness.
Features
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Along with defining a deed, the act abolishes any law restricting what a deed is written on or requires a seal to make the deed valid. It requires all sales contracts for land be in writing and must include any term that both parties agreed upon. Contracts must also be signed by all parties.
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Exceptions
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The Miscellaneous Provisions Act does not apply to deeds made under the seal of certain authorities. The county of Lancaster seal is exempt, as are the Duchy of Lancaster and the Duchy of Cornwall. The contracts section of the act does not apply to short leases, contracts made as a result of a public auction or a financial contract other than mortgages.
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References
- Photo Credit signing a contract image by William Berry from Fotolia.com