Is a contract of sale of land signed by the parties without any witnesses valid?

Last Updated On November 21, 2018

Is a contract of sale of land signed by the parties without any witnesses valid? 

 

Yes.  The formality requirements for a contract of sale of land are prescribed in the Alienation of Land Act, 68 of 1981. The contract must be in writing and signed by both parties. Although it is practice to have witnesses sign the contract as well, which might be of assistance with proving the signature of a party, who might deny it, it is not a validity requirement.

Volker Krüger