A deed is a legal instrument used to grant a right. Deeds
are part of the broader category of documents under seal.
Deeds can be described as contract-like, as they require the
mutual agreement of more than one person. Deeds can therefore
be distinguished from covenants, which being also under seal,
are unilateral promises. The deed is best known as the method
of transferring title to real estate from one person to another,
often using a description of its "metes and bounds."
However, by the general definition, powers of attorney, commissions,
patents, and even diplomas conferring academic degrees are
also deeds.
Historically at common law, for an instrument to be a valid
deed it needed six things:
It must indicate that the instrument itself conveys some
privilege or thing to someone. This is indicated by using
the word hereby or the phrase by these presents in the sentence
indicating the gift.
The grantor must have the legal ability to grant the thing
or privilege.
The person receiving the privilege or thing must have the
legal capacity to receive it.
A seal must be affixed to it. Most jurisdictions have eliminated
this requirement and replaced it with the signature of the
grantor. However, for conveyances of real estate, most jurisdictions[citation
needed] require that the deed be acknowledged before a notary
public or a civil law notary and some may require a witness
or witnesses in addition.
It must be delivered to and accepted by the recipient.
There must be a witness that also signs the deed.
Conditions attached to the acceptance of a deed are known
as covenants.