Print this page
  A Deed is a Form possessing certain ecclesiastical authority and record of an action of conveyance that bestows or surrenders one or more Rights by Agreement. Hence, a Deed through proper authority and action of conveyance creates valid Title to use of Property.  
     
  Origin of the concept of Deed  
  The word "deed" is a 16th Century corruption of the ancient 1st Millennium BCE Gaelic word déid meaning "intent, wish, desire" which was always a spoken (auricular) pronouncement before certain witnesses.  
  The claim that the word oiginates from Old English daed back to at least the 12th Century and the claimed custom of written instruments of conveyence is a clumsy fraud of history that contradicts all competent historical evidence.  
  The word "deed" is first properly attested in the promulgation of the first statute of history defining the concept of deed via Henry VIII and The Subscription of Deeds Act 1540, later amended in 1579 and again in 1681 before being abolished at the end of the 20th Century.  
  The Subscription of Deeds Act 1540 not only introduced the legal form and concept of a written deed but required the instrument be signed by the grantor before two witnesses with the subscription of a notary to the deed. Thus, from the very beginning the nature of a deed was not a deed unless also sealed by a notary.  
  In amendments introduced in the Subscription of Deeds Act 1579, two notaries could replace the role of the grantor in signing and sealing a valid deed. In the Subscription of Deeds Act 1681 this was tempered with the requirement for two witnesses to give warrant to any notaries signing and should in ritual "touch their pens". The requirement of touching the notary's pen was removed by the Conveyancing Act 1874.  
  Such requirements were abolished when the laws were re-written at the end of the 20th Century.  
     
  Structure of Deed  
  A valid Deed is constructed of four (4) essential elements: a preamble known as the Exordium, a recital of aims known as the Recitatum, a body of clauses to the Agreement known as the Pactum and an official enactment of the agreement by seal or signature at the end known as the Decretum:  
  (i) The first element of a valid Deed is called the Preamble, or Exordium. It may be a single sentence known as an Inceptum if a single large sheet of paper or a combination of elements including a title page, preamble and index if a valid Deed defined over several pages.  
  (ii) The second element of a valid Deed is called the Recitals, Premises, or Recitatum outlining the Purpose of the Deed. It may be encompassed by the Inceptum if a single large sheet of paper or one or more pages long if a valid Deed defined over several pages.  
  (iii) The third element of a valid Deed is called the Agreement, Operative or Pactum outlining the terms of the Deed. It may be encompassed by the Decretum in a single large sheet of paper or several distinct pages of clauses as a valid Deed defined over several pages.  
  (iv) The fourth element of a valid Deed is called the Enactment, Conclusion or Decretum representing the enactment or execution condition of the Deed. If the valid Deed is a single large sheet of paper then the Decretum may also contain an official seal known as the Obsignatum.  
     
  Preamble or Exordium of Deed  
  The Preamble also usually sets out the names, addresses, and descriptions (vendor/purchaser, grantor/grantee, transferor/transferee) of parties.  
     
  Recitals, Premises or Recitatum of Deed  
  A function of the Recitals, Premises or Recitatum of a valid Deed is to clearly describe the grantors’ intention and motives for their deed, the names, designations and descriptions of the parties, the consideration expressed for the deed, words of grant and the description of the property conveyed. Therefore, it is in the Recitatum of a valid Deed that property is effectively granted.  
  Words of grant are such words as grant, convey, assign, set over, transfer and give and are indicative of the intent to presently pass title. The absence of valid words of conveyance within the Recitatum of a deed, void the deed.  
  The Recitals may conclude with a clause called a Testatum being a command to witness which acknowledges the payment and receipt of the consideration and signals the beginning of the operative part; usually begins with "Now this Deed witnesseth".  
     
  Agreement, Operative or Pactum of Deed  
  A function of the Agreement is to clearly describe the conditions upon which the property is granted, the warranty and other covenants of title and the covenants relating to the use and enjoyment of the property.  
  The Agreement or Operative Part of the Deed may include some or all of the following types of clauses:  
  (i) Habendum clause- indicating the estate (freehold, etc.) or interest to be taken by the grantee; or
 
  (ii) Tenendum clause - i.e. "to have and to hold", formerly referring to the tenure by which the estate granted was to be held, though now completely symbolic; or
 
  (iii) Redendum clause- which reserves something to grantor out of thing granted, such as a rent, under the formula "yielding and paying"; or
 
  (iv) Parcels clause - detailing the location and description of the property being conveyed; or
 
  (v) Covenant clause- placing some binding limitations or promises; or  
  (vi) Warranty clause - grantor warranting the title to the grantee generally (when the warrant is against all persons), or especially (when it is only against the grantor, his heirs and those claiming under him).  
     
  Enactment, Conclusion or Decretum of Deed  
  The Conclusion of the Deed may include a formal statement defined by statute such as "In Witness Whereof, the parties to these presents have hereunto set their hands and seals".  
     
  Recording of Deeds  
  In addition to the requirement of a deed to be sealed by a notary, an additional procedure was introduced first in Scotland in 1617 through the Registration Act 1617 requiring all Deeds to be submitted to a Recorder of Deeds at a central office.  
  This requirement was extended to the City of London by 1707 and then to the whole of the United Kingdom through the Land Registration Act 1862. The system was made mandatory through the UK Land Registration Act 1925.  
  Now throughout most western nations, a Deed is invalid if it not only conforms to its statutory form, but is properly sealed by a notary and properly registered with the office of the appropriate Recorder of Deeds, using the state or provincial land titles office operating as the cadastre (point of records of title, land, survey and ownership).  
     
     

DISCLAIMER: The information produced above is for education purposes only and does not purport to be an official ruling, decision or action. Nor should the information in anyway be construed as legal advice. The use of the information is at the discretion of the reader and no liability shall be accepted in the event of its use. Always seek the advice of educated, reputable and honorable scholars of law first, before any action involving the law.
Copyright © Globe-Union-Court.Org 2011. All Rights Reserved