Can Deeds Be Executed with Electronic Signatures? Current UK Position

The Short Answer

Yes, in principle. The Law Commission concluded in its September 2019 report that electronic signatures are capable of being used to execute deeds under current English law, provided the relevant formalities are met. However, the practical reality is more nuanced than the headline suggests, and solicitors need to understand the specific requirements and limitations before advising clients on electronic deed execution.

What Makes a Deed a Deed?

Under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, an instrument is a deed if it:

• Makes clear on its face that it is intended to be a deed (typically by using the words "executed as a deed")
• Is signed by the person executing it in the presence of a witness who attests the signature
• Is delivered as a deed (which in practice means the signatory intends to be bound by it)

The critical element for electronic execution is the witnessing requirement. Unlike simple contracts, deeds require that the signature is witnessed — a third party must be physically present when the deed is signed and must themselves sign to attest the signature.

The Law Commission's 2019 Report

In September 2019, the Law Commission published its report on the electronic execution of documents. Its key conclusions were:

• An electronic signature is capable of satisfying the signature requirement for a deed under current law
• The witnessing requirement can be satisfied if the witness is physically present when the electronic signature is applied — the witness does not need to sign electronically, though they may do so
• The Law Commission recommended that legislation should be introduced to confirm the legal position and to enable electronic witnessing via video link in certain circumstances

The report did not change the law. It provided an authoritative analysis of the existing position. As of early 2026, the Government has not enacted the recommended legislation, so the position remains as stated in the report.

Mercury Signing

The Mercury signing method takes its name from R (Mercury Tax Group Ltd) v HMRC [2008] EWHC 2721 (Admin), though the principle is older. It works as follows:

• Each party signs a separate physical counterpart of the deed
• A solicitor or other trusted party holds the signed counterparts
• The solicitor confirms to all parties that the deed has been duly executed by all parties in conformity with the agreed form
• At that point, the deed is treated as having been delivered and becomes effective

Mercury signing is widely used in commercial transactions and is accepted by HM Land Registry for property transfers. It allows documents to be signed in separate locations — which was already useful before electronic signatures became common, and remains useful now.

The Witnessing Challenge

The single biggest practical obstacle to fully electronic deed execution is the witnessing requirement. Under current law, the witness must be physically present when the signature is applied. This creates a tension with electronic signatures:

• If the signer is at home signing on their phone, is a family member watching them sign sufficient as a witness?
• Can the witness sign electronically, or must they use a wet signature?
• What evidence is needed to prove the witness was physically present?

The Law Commission concluded that a witness can attest an electronic signature if they are physically present when it is applied, and that the witness can themselves sign electronically. However, the report also acknowledged that proving physical presence is harder with electronic signatures than with wet signatures, where both signatures typically appear on the same physical page.

COVID-19 Emergency Provisions

During the COVID-19 pandemic, the Government introduced temporary measures that affected deed execution. HM Land Registry accepted witnessed deeds where the witness observed the signature via video link, provided certain conditions were met. These provisions were temporary and have since expired, but they demonstrated that remote witnessing is practically feasible and that Land Registry was willing to accept it in appropriate circumstances.

The legal profession widely expects that permanent provision for video-witnessed deeds will eventually be enacted, but as of early 2026, this has not happened.

Practical Guidance for Solicitors

Given the current legal position, here is practical guidance for solicitors dealing with deeds:

• Simple contracts (not deeds): Fully suitable for electronic signature. No witnessing required. Use e-signatures freely for engagement letters, retainers, settlement agreements, and other contracts.
• Deeds with physical witness present: The signer can sign electronically while a witness is physically present. The witness should also sign (electronically or on paper) and provide their name and address. Record evidence that the witness was present — ideally in a written confirmation from the witness.
• Deeds using Mercury signing: Each party signs a physical counterpart in the presence of a witness. The conveyancer confirms due execution. This is the safest and most widely accepted method for property transactions.
• Avoid remote witnessing for deeds: Until legislation is enacted, do not rely on video witnessing for deeds. The COVID-era provisions have expired, and there is no current legal basis for remote witnessing of deeds in England and Wales.

What About Land Registry?

HM Land Registry's current practice guidance states that it will accept applications based on deeds executed electronically, provided the execution complies with the formalities required by law. In practice, most registrable deeds (TR1 transfers, charges) are submitted using the Mercury approach, with physical counterparts signed and witnessed in the traditional manner, then submitted digitally.

Land Registry does not currently accept a purely electronic TR1 signed on a screen without a physical witness being present. Until the law is reformed, the Mercury approach remains the standard method for registrable dispositions.

Looking Ahead

The legal profession is moving towards full electronic execution of deeds. The Law Commission's recommendations are clear, the technology is ready, and the COVID experience proved that remote witnessing works in practice. The missing piece is legislation. When it comes — and it will — firms that have already adopted electronic signatures for their non-deed documents will be well-positioned to extend the practice to deeds.

The law on electronic execution of deeds is settled in principle but incomplete in practice. Use e-signatures confidently for contracts. Use Mercury signing for deeds. And keep your processes ready for the legislation that will eventually complete the picture.