Adeed(anciently anevidence) is anylegal instrumentin writing which passes, affirms or confirms aninterest,right, orpropertyand that is signed, attested, delivered, and in somejurisdictionssealed. It is commonly associated with transferringtitle to property. The deed has a greaterpresumptionof validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral.Deeds includeconveyances,commissions,licenses,patents,diplomas, and conditionallypowers of attorneyif executed as deeds. The deed is the modern descendant of the medievalcharter, and delivery is thought to symbolically replace the ancient ceremony oflivery of seisin.[1]The traditional phrasesigned, sealed and deliveredrefers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also calledcontractsby deed orspecialty; in the United States, a specialty is enforceable withoutconsideration.[2]In some jurisdictions, specialties have aliabilitylimitation period of double that of a simple contract and allow for athird party beneficiaryto enforce an undertaking inthe deed, thereby overcoming the doctrine ofprivity.[3]Specialties, as a form of contract, arebilateraland can therefore be distinguished fromcovenants, which, being also under seal, are unilateral promises.RequirementsAtcommon law, to be valid and enforceable, a deed must fulfill several requirements:*.It must state on its face that it is a deed, using wording like This Deed... or executed as a deed.*.It must indicate that the instrument itself conveys some privilege or thing to someone. This is indicatedby using the wordherebyor the phraseby these presentsin the clause indicating the gift.*.The grantor must have the legal ability to grant the thing or privilege, and the grantee must have the legal capacity to receive it.*.It must be executed by thegrantor in presence of the prescribed number of witnesses, known as instrumentary witnesses (this is known as beingin solemn form).*.In some jurisdictions, asealmust be affixed to it. Originally, affixing seals made persons parties to the deed and signatures were optional, but most jurisdictions made seals outdated, and now the signatures of the grantor and witnesses are primary.*.It must be delivered to (delivery) and accepted by the grantee (acceptance).Conditions attached to the acceptance of a deed are known ascovenants. Adeed indentedorindentureis one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph.[4]Adeed pollis one executed in one part, by one party, having the edge polled or cut even, andincludes simple grants and appointments.
Posted on: Thu, 04 Dec 2014 07:58:05 +0000
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