DEED – A written instrument signed, sealed and delivered by one person to another to convey lands, tenements or hereditaments to another person. In land transaction, deed is a very special document in writing which furnishes evidence or information about something, made of paper and which is signed, sealed and delivered.

Further, a deed must seeks to achieve the following objectives, to effect the physical transference of an interest or right in property; to create a binding obligation on transferor, vendor, seller, privies, agents and successor-in-title or persons; and it confirm some act whereby an interest, right or property has already passed.

The question I will also answer in this write-up, when is a Deed Required? Deed is required when a contract lacking consideration is to be created, when statute so provides see S.3 Real Property Act 1845 and section 77 P and CL 1959, each provides that conveyance (including assignment of all lease) must be by deed, a power of attorney vesting power in an attorney to execute a deed must itself be by deed; Powell v. London provincial Bank (1893)2 Ch. 555; Abina V farhat, a lease for a term exceeding three years, to give effect to a vesting declaration where new trustees are appointed and a surrender where a lesser estate is given up to merge with the greater estate in land.

Also deed is not required in the following transaction, assents, surrender by operation of law, a Lease or Tenancy for a term less than three years, receipts not required by law to be under seal, vesting orders, a conveyances taking effect by operation of law, disclaimer and transactions covered by the rule in Walsh v. Lonsdale.

Also what you must watch out for in a Deed are Signing, this must be properly signed by the person passing out title; it must be seal, sealing in First National Securities versus Jones (1978) 2 W.L.R. 475, a mortgage deed, was signed by the mortgagor. The signature was across a printed circle at the end of the deed and in that circle were printed the letters "LS" (standing for the Latin phrase Locus Sigilli meaning place of the seal). This mortgage was held to be validly executed and it must be delivered, delivery is also an essential element for the due execution.

A deed takes effect not necessarily by the parting with physical possession of the deed itself. Mere delivery of the deed without the requisite intention to pass the interest to be conveyed by it will leave execution incomplete. It used to be the practice for parties executing deeds to utter the following "I deliver this as my solemn act and deed". However, it is now accepted that no such form of words is necessary, and that any act of the party showing that the deed is intended to be binding upon him is sufficient evidence of delivery. See Awojugbagbe v. Chinukwe Delivery is an act done to evince an intension to be bound.

A deed is valid even if it has no date, or it has a false or impossible date. Jegede V Citicon Nig. Ltd. Sometimes, delivery takes place subject to a condition, which may be expressed or by implication, and this is known as delivery in escrow.

Attestation of Deed: Attestation is not essential to the due execution of a deed. However, attestation is wise as it may facilitate proof of execution should this be necessary at a later date. However, if it a Deed executed outside the country for the purposes of conferring power of attorney to execute a Deed, it should be attested by a Notary Public.
Processing endorsement of Governor's Consent: This is required where the Deed makes a grant of state land; section 22 Land Use Act 1978. Failure to make provision for this in the Deed will constitute a material omission unless there is other evidence that consent was in fact obtained.

How many copies of deed should I prepare: Engrossment is the making of fair copies or counterparts of the original deed strictly speaking this is not essential to the validity of a Deed but it is a way of ensuring that each of the parties has a counterpart of the original.
Alternations and Erasures: These are presumed to have "been made before execution but nevertheless to prevent any doubt arising as to their authority, it is prudent to ensure that all alternations or erasure are clearly initiated by the parties to the deed at the time of execution.

A deed must also give sufficient history of the seller, vendor or the person passing out title, this is known as recitals.

Recitals in a deed are brief statements of fact which gives the origin of title, indicate the purpose of the document, the ownership of the property and the intention to transfer it or background of the vendor's acquired right, sought to be conveyed or sold. It in not every agreement that has a recital. There are some simple agreements that need no recital. In NITEL v. Rockonoh Properties Ltd, it was held that a recital is a formal part of a deed or writing which explains the reasons for the transaction: Recitals may be narrative or introductory and usually starts with the word "Whereas"

In conclusion a deed does not exist in vacuum. It is only an instrument that is deployed to conveyances, such as Assignments, Leases, Mortgages, Assents.

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