Legal question about witnesses
I have a "mail-out" lease that was properly signed by one of the named Lessors, but then that same Lessor witnessed another Lessor's signature (on the same lease). (In other words, a party signed the lease twice, once as a lessor and then signed as a witness to another person's signature.)
Question: Can a particular party to a lease also be a witness to another party's signature on the same document? Does it invalidate the lease? Could it jeapordise the validity of the lease? or is this perfectly OK? or is this probably OK but not a good idea?
If there is any question whatsoever in regard to whether a person can be both a party and a witness on the same document, I can probably get the lease redone (resigned and re-witnessed).
I would appreciate any suggestions or guidance in this regard.
Question: Can a particular party to a lease also be a witness to another party's signature on the same document? Does it invalidate the lease? Could it jeapordise the validity of the lease? or is this perfectly OK? or is this probably OK but not a good idea?
If there is any question whatsoever in regard to whether a person can be both a party and a witness on the same document, I can probably get the lease redone (resigned and re-witnessed).
I would appreciate any suggestions or guidance in this regard.
Views: 35
Replies to This Discussion
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Permalink Reply by Jay Murrell on -
A party to a lease cannot appear as a witness on the same instrument. The effect of this is to possibly make the signature that the unqualified "witness" witnessed not self proving. That's all. It does not invalidate that execution or the lease. If the lease is not recorded you ought to do it over. There are other remedies, but that's the easiest one.
Even though the lease is good, I strongly suggest that you fix it. It will save you potential misery down the road.
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Permalink Reply by Harold5011 on
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Thank you Jim and Jay for your comments and suggestions. I'll re-do the lease starting tomorrow, and while everone's still alive.
No rest for thewickedweary.
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Better it be the witness than the notary. I remember back in the day a landman had notarized dozens of recorded leases. Not only was he not a notary, the embossed seal (which he hardly put any pressure on) had nothing to do with being a notary. Some time after that they started running charcoal over the embossed notary seals so that you could see just what the embossed seals said. Before that, the notary didn't have seals, they had scrolls. I also remember an attorney in one town I worked in had a signature stamp and his secretary would use the signature stamp to sign acknowlegements for him.
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Permalink Reply by danny meyers on -
I would think hard and long about any dealings with them.
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