Section 91 LRA and Land Registry policy and practice together provide that certification of electronic signatures (which involves the stringent verification [4] of the identity of the person providing the digital signature) can take the place of the traditional ‘wet’ signature and attestation process. The Law Society have recently issued guidance to solicitors in light of the current circumstances, and have expressed the following view that electronic signatures: In addition, there have been reports of solicitors swearing statutory declarations remotely by Skype and this note addresses whether this is safe practice. According to the Land Registry, "electronic signatures are not witnessed. Electronic signatures. Electronic Signatures & Scanned Completion Generally, a Deed is required to transfer an interest in land, whether this is a Transfer of a residential property, a grant of a new Lease for a flat, or the grant of a commercial letting for some new premises. The Land Registry currently still requires "wet ink" signatures and will not currently accept documents which have been executed electronically. HM Land Registry will accept deeds that have been signed using the Mercury signing approach (option 1 in the Mercury practice note). Related content and links HM Land Registry. “‘It is the view of HM Land Registry that it is not possible for an electronic signature to be physically witnessed in the way that a pen and ink signature can,” the Land Registry said. Law of Property (Miscellaneous Provisions) Act 1989. For many within the Real Estate industry, the use of electronic signatures will be unfamiliar ground - a practice often discussed but never used. The rapid spread of Covid-19 and the sudden closure of commercial premises across the UK has prompted a need for clear direction on the use of electronic signatures and the risks and difficulties which can be associated with their use. Forrester Research, Inc. In addition, there have been reports of solicitors swearing statutory declarations remotely by Skype and this note addresses whether this is safe practice.

1. Executing a document using an electronic signature Posted by: Joy Bailey , Posted on: 8 February 2017 - Categories: Law and practice HM Land Registry Lawyer Joy Bailey explains our policy and practice relating to electronic signatures on documents and deeds. Read more about this topic - 38 comments. HM Land Registry will accept deeds that have been signed using the Mercury signing approach (option 1 in the Mercury practice note). Ontario's electronic land registration regime continues to apply to the actual registration of documents in the land registry offices.