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NeCede's

Maxim 11.2.15

Authority to execute a deed must be given by deed.

Source: 4 Term, 313; Cooper v. Rankin, 5 Binn. (Penn.) 613; Weisman, 30e Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The authority to execute a deed on behalf of another must itself be conferred by deed — a bare parol authorization is insufficient to support a formal conveyance.

Where this applies

  • A man verbally tells his friend to sign a deed on his behalf, but the court holds that a verbal authorization isn't enough — only a written power of attorney can authorize execution of a deed.
  • A real estate agent claims oral permission to execute closing documents on behalf of the seller; the buyer's attorney rejects the deed because the agent lacks a written power of attorney.
  • A brother signs his sister's name on a deed transferring her property, producing only a text message as authorization — the deed is invalid because authority to execute it must come by formal written instrument.

Legal domains

Cite this maxim

NeCede Max. 11.2.15 — Authority to execute a deed must be given by deed. — 4 Term, 313; Cooper v. Rankin, 5 Binn. (Penn.) 613; Weisman, 30e

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