Signing by minors (person under 18 years of age)
When a minor is subdividing or dealing with land, the document may be executed by:
- the minor
- the minor's parents (both of them), subject to certain conditions - see below
- only one parent, a guardian or by a person or persons in some other capacity, subject to certain conditions - see below or
- a solicitor representing a minor, provided the instrument is in favour of the minor, i.e. the dominant tenement of an easement - see below.
The execution should include their full name and date of birth.
e.g. ... (full name of minor) ..., a minor born on ... (date of birth) ....
Any document involving a minor
- should be authorised by an Order of Court or
- should be authorised by a law or
- should be supported by a certificate given by:
- an independent solicitor or
- the Public Trustee, under either s.28 or s.29 Minors (Property and Contracts) Act 1970, respectively, depending on whether the minor is acquiring or disposing of an estate or interest in land.
The certificate should also state that:
- the minor understands the intention and effect of the document, and makes the dealing freely and voluntarily
- when executed by both parents, should include a statement as to their capacity to sign as parents, and
- when executed by only one parent, a guardian or by a person or persons in some other capacity, should be supported by statements or declarations to explain the irregularity.
The Registrar General may require evidence or information to support the irregularity when instruments are signed under these circumstances.