In order to buy and sell a property, there is the need for several documents to be signed such as contracts, transfers and mortgage deeds. The latter two documents also need to be witnessed. One of the issues that has caused problems during the coronavirus lockdown is getting original documents signed and witnessed.

There have especially been problems with getting documents witnessed if someone is self-isolating. The witness has to be present to see the document being signed. It is not acceptable for the witness to see someone sign over a video call and then to witness the document at a later date. This has caused some delays.

The legal profession has been lobbying for some time for a system of electronic signatures to be formalised and to be legally accepted. The coronavirus crisis has almost made this become a reality. The Land Registry has recently announced that it will accept electronic signatures. Although this will be acceptable to the Land Registry, it has not yet been legally ratified by Parliament.

It is also unlikely that many mortgage lenders will find it acceptable that mortgage deeds are not signed personally in the physical presence of a witness. Some lenders also insist that a solicitor is the witness. There have been cases where mortgage lenders have tried to repossess a property only to be faced with a property owner who denies that it is their signature on the mortgage deed.

It is doubtful that the use of electronic signatures will actually speed up conveyancing in practice. Electronic signatures may help but they won't have a significant effect. Buying and selling property is a fairly complicated process with many inter-related parts that all move at different speeds. Getting documents signed is a very small part of the process.

  • David Marsden is a partner at award-winning law firm VWV, which has offices in Clarendon Road, Watford