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Deed
Practical Law ANZ Glossary w-005-8807 (Approx. 3 pages)
Glossary
Deed
A written instrument by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds are generally enforceable despite any lack of consideration.
A deed must be:
- In writing.
- Expressed to be a deed.
- Signed.
- Witnessed by at least one person who is not a party to the deed.
- Delivered to the other party or parties.
- Supported by evidence that the parties intended to execute the document as a deed and be legally bound by it.
Deeds usually become binding on a party immediately after that party executes and delivers the deed, even if the other parties have not yet executed the deed.
Depending on the law of the state or territory by which the deed is governed, the limitation period for actions brought under a deed is 12 years (New South Wales, Queensland, Western Australia, the Australian Capital Territory, the Northern Territory, Tasmania, Western Australia) or 15 years (Victoria, South Australia).
For guidance on the execution of deeds, see Practice notes: