Deed of surrender and re grant, who signs what

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    Deed of surrender and re grant, who signs what

    Hi,
    We are extending our leases for a block of flats and we've been sent the deed of surrender and re grant to re sign since the previous copies got lost/were wrong . Unfortunately our current solicitor ( we are on Nr 4 ) cannot answer a simple question i.e. who signs what. The freehold is owned by a management company and we are all lessees and directors. According to the latest solicitor, the first copy of this deed under "executed as a deed by the ( name of the management company)" needs to be signed by another director (not the lessee of the flat in question), the company's secretary, not dated and the bit under "executed as a deed by( the name of the lessee) in the presence of a witness" left blank. The second copy should be signed by the lessee next to the" executed as a deed by( the name of the lessee) in the presence of", signed by the witness, also not dated and the rest left blank. Both copies should be returned to the solicitor. Is all the above correct? It took 15 mins to extract those instructions and I have a growing suspicion Nr 4 is not very experienced. I don't live near the flat and going to the solicitor's office is a bit of a trek.
    Thanks

    #2
    You could telephone the solicitors office to ask who signs what.

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      #3
      Very simple. First copy is signed by either 2 directors or 1 director and the company secretary.
      You, the leaseholder, sign underneath and get a witness to sign.

      2nd copy signed by you,the leaseholder, and again by a witness.
      Do not date them as the solicitor will do that once he has received the copies.

      Comment


        #4
        The deed can be executed by just one director with that directors signature being witnessed

        Comment


          #5
          Thanks bbva,
          Confirms my suspicion our current solicitor hasn't got a clue.

          Gordon999: I did ring the solicitor but she didn't answer the questions I put to her. I don't think she knew herself which is a bit worrying...

          Thanks for your replies

          Comment


            #6
            The answer is in the deed.

            it is signed by

            1 a director ( not the person involved who appears to be a director)

            2 The Co Secretary

            1 & 2 need to be witnessed , though they can be witness to the other's signature

            3 the lessee, with a witness.

            In this case rather than have one document, two copies,both signed by everyone, it is in the form of one deed with two parts, one signed by the Man Co (+witnesses) and given to the lessee, and the other, signed by the lessee ( +witness) and given to the man co.

            Simples solicitors needs a kicking
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment

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