Deed: Difference between revisions

Deed (view source)

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-{{g}}A [[deed]], also known as an [[indenture]], is a written legal agreement that has been signed and [[Deliver|delivered]] and which is enforceable even in the absence of [[consideration]]. There are formal requirements for it to be executed.
+{{g}}A [[deed]] is a written legal agreement that has been signed and [[Deliver|delivered]] and which is enforceable even in the absence of [[consideration]]. There are formal requirements for it to be executed. Deeds between two or more parties are called [[indenture]]s. A unilateral deed is called a [[deed poll]]. Etymology corner: Originally, an [[indenture]] between more than one party had a physical “indentation” or “serration” along one edge of the document, whereas that pages of a deed signed by just one person were cut straight (or “polled”) — thus a “[[deed poll]]”.
+Deeds are required by statute for some types of contract, including:
+*'''Real estate''': conveyances of land<ref>Section 52, [[Law of Property Act 1925]].<ref>
+*'''Security''': [[mortgage]]s.<ref>Section 101(1) and 104(1), [[Law of Property Act 1925]].<ref>
+*'''[[Power of attorney|Powers of attorney]]'': powers of attorney;
+*'''Trusts''': The appointment or discharge of a [[trustee]];
+*'''No [[consideration]]''': At [[common law]]<ref>''Halsbury’s Laws of England'' (2012) vol 32 ''Deeds and other Instruments'' para 213.</ref> any legally binding agreement for which one party does not provide [[consideration]].
-Originally, an [[indenture]] was identified by physical indentation or serration of one edge of the document — the edges had not been cut straight (or “polled”) as they would be if it had been executed by just one party, and was thus a “[[deed poll]]”.
 ===Signed, Sealed, [[Deliver|Delivered]] - I'm yours===
 Is a Stevie Wonder song which correctly, if figuratively, uses legal concept. More about that [[Signed, Sealed, Delivered|here]].
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 {{sa}}
+*[https://www.lawcom.gov.uk/project/electronic-execution-of-documents Law commission consultation on electronic execution] has a good overview of the existing law relating to deeds.
 *[[Signed, Sealed, Delivered]] - Stevie Wonder’s paean to legal formalities of [[deed]] [[execution]]
 *[[Pop songs which use legal concepts]]
 {{c3|Deeds|Enforcement|Case Note}}