Deed | Practical Law

Deed | Practical Law

Deed

Deed

Practical Law ANZ Glossary w-005-8807 (Approx. 4 pages)

Glossary

Deed

A type of legally binding document that:
  • Is in writing (traditionally on paper, parchment or vellum, but now permissible in electronic form in certain jurisdictions).
  • Is signed and sealed by the party incurring a liability under the deed.
  • Is delivered to, or for the benefit of, the party to whom the liability has been incurred. In practice, delivery consists of words or conduct indicating that the party incurring the liability intended the document to be a deed and to be bound by its terms.
  • Transfers an interest in property, or creates a right or an obligation, or confirms an act pursuant to which an interest in property has already passed or pursuant to which a right or obligation is created.
(Sinclair v Balanian [2024] NSWCA 144 at [88]). This is a general definition, as the topic can be complex.
Deeds differ from simple contracts in that:
  • A deed does not require the parties to provide valuable consideration to each other to be effective.
  • A deed can be given by a single party unilaterally (a deed poll).
  • A deed can become binding on a party immediately after that party executes and delivers the deed, even if any other parties have not yet done so.
  • The statutory limitation period in each jurisdiction for actions brought under a deed is much longer than that for actions brought under simple contracts.
The law of deeds is a combination of common law and statute. For detailed guidance on the law of deeds, valid execution of deeds and links to related resources, see: