Documents of Transfer: Deeds & Deed of Assignment
What is a Deed
A deed is a document which passes interest in property or which binds a person to perform or abstain from doing some action.
Black’s Law Dictionary Definition
“A written instrument signed, sealed and delivered by one person to another to convey lands, tenements or hereditaments.”
A deed evidences an award of title to land to a named beneficiary. It is a product of colonialism and Received English Law. So strong is the deed that the Court, even in equitable discretion, gives full course to its covenants.
A deed is always in writing on good quality paper (parchment, foolscap, indenture, A4) - signed, sealed and delivered. NOT written on stone, wood, clay, slate.
Statutory Requirement - SS «Signed, Sealed & Delivered»
A deed must be signed, sealed and delivered - S4 Statute of Frauds; S5(1) Law Reform (Contract) Act. Transaction is null, void and unenforceable if these requirements are absent.
6 Examples of Deeds
- Deed of Lease;
- Deed of Gift of Land;
- Deed of Transfer;
- Deed of Release;
- Deed of Legal Mortgage;
- Deed of Assignment.
Types of Deed
Two types, plus a modifier:
| Type | Nature | Examples |
|---|---|---|
| Deed Indenture | Executed between two or more parties; in the past, indented like saw teeth on parchment so counterparts could be matched. No longer the practice today. | Deed of Assignment; Deed of Mortgage; Deed of Lease (between landlord/tenant) |
| Deed Poll | Made and executed by one person and addressed to the whole world. Cut in a straight line. Usually in first-person pronoun (“I/We”). | Power of Attorney; Deed of Gift of Land; Deed of Partition |
| Deed Supplemental | Not independent - modifies an existing deed (Poll or Indenture). Must recite the deed and the paragraphs it amends. | Modifies prior deed |
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