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A deed is a legal instrument used to grant a right. Deeds are part of the broader category of documents under seal. Deeds can be described as contract-like, as they require the mutual agreement of more than one person. Deeds can therefore be distinguished from covenants, which being also under seal, are unilateral promises. The deed is best known as the method of transferring title to real estate from one person to another, often using a description of its "metes and bounds." However, by the general definition, powers of attorney, commissions, patents, and even diplomas conferring academic degrees are also deeds.

Historically at common law, for an instrument to be a valid deed it needed six things:

  • It must indicate that the instrument itself conveys some privilege or thing to someone. This is indicated by using the word hereby or the phrase by these presents in the sentence indicating the gift.
  • The grantor must have the legal ability to grant the thing or privilege.
  • The person receiving the privilege or thing must have the legal capacity to receive it.
  • A seal must be affixed to it. Most jurisdictions have eliminated this requirement and replaced it with the signature of the grantor. However, for conveyances of real estate, most jurisdictions require that the deed be acknowledged before a notary public or a civil law notary and some may require a witness or witnesses in addition.
  • It must be delivered to and accepted by the recipient.
  • There must be a witness that also signs the deed.

Conditions attached to the acceptance of a deed are known as covenants.

 

Title Deeds

In the United kingdom, England and Wales operate a 'property register'. Title deeds are documents evidencing ownership and extent of a property, also sets out any rights or obligations that affect the property, also show whether there are any mortgages on the property. In more modern times (since 2000) compulsory registration has come into effect, all properties mortgaged or transferred since 2000 must become registered. The details of rights, obligations covenants and the like refered to in your deeds will be transferred to your register.

 

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Last Modified :  April 29 2008