What Homebuyers and Businesses Need to Know About Deeds and E-Signatures

Electronic signatures have made it easy to sign most legal documents from your phone or computer, wherever you are in the world. Platforms like DocuSign and Adobe Acrobat Sign allow contracts to be signed within minutes.

But when it comes to deeds—key documents in property transactions such as transfer deeds (TR1) and mortgage deeds—there’s a catch.

Why Do Deeds Still Need a Witness?

Under UK law (Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989), a deed must:

Be signed by the person executing it,

Be witnessed by someone physically present, and

Be delivered as a deed.

Even if the signature is electronic, the witness must still be in the same room, watching you sign. The Law Society confirms that video witnessing (via Zoom, Teams, or similar) is not currently valid.

Why Is This an Issue for Property Transactions?

For most contracts, e-signatures save time and eliminate postage delays. But for deeds, the need for a physical witness can cause delays, especially when:

Parties live in different cities or countries,

Buyers and sellers are working remotely,

Tight deadlines exist for exchange and completion.

Although HM Land Registry does accept e-signed deeds under certain conditions, they still require in-person witnessing, which disrupts an otherwise digital process.

Will Remote Witnessing Be Allowed Soon?

Legal and technology sectors are urging the Ministry of Justice to modernise the law. Platforms like DocuSign and Adobe already have secure tools to allow remote witnessing, with video recordings and two-factor authentication to prevent fraud.

Until the law changes, however, clients still need to plan for physical witnessing when signing property deeds.

What Does This Mean for You?

If you’re buying, selling, or refinancing a property, it’s important to factor in the extra time needed for deed execution, especially if parties are abroad or have limited availability.

At Fard Solicitors, we help clients navigate these requirements so transactions aren’t delayed. Our property team can:

Arrange for witnesses (even at your home or workplace),

Guide you through the e-signing process,

Ensure deeds meet HM Land Registry’s requirements to avoid rejection.

Need help with a property sale, purchase, or re-mortgage?
Contact our Camberley or Canary Wharf offices today. Our experienced property solicitors will make sure your documents are executed quickly and correctly.