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acknowledgment and undertaking


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Confirmation in a title deed that a person may see and have copies of relevant deeds not in his possession (acknowledgment), with a promise from the holder of them to keep them safely (undertaking). Thus when part of an owner's land is sold, he keeps his deeds to the whole but in the conveyance gives this acknowledgment and undertaking to the purchaser, who can then prove his title to the part from copies of the earlier deeds and by calling for production of the originals. In the majority of cases the vendor gives the purchaser all title documents relating solely to the land conveyed, and an acknowledgment and undertaking is only necessary when this does not happen. Note that personal representatives and fiduciary owners will normally give only an acknowledgment, no undertaking. Breach of an undertaking gives rise to an action in damages.

Subjects: Law.


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