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A deed can be described as a writing or instrument, under seal, containing some contract or agreement, and which has been delivered by the parties. This applies to all instruments in writing, under seal, whether they relate to the conveyance of lands, or to any other matter; a bond, a single bill, an agreement in writing, or any other contract which can be reduced to writing and is sealed and delivered, such as deed of conveyance of land. Signing is not necessary at common law to make a deed. Legal advice from a Debt Recovery and Insurance Lawyer may be greatly beneficial if you are subject to liability or debt due to a contractual arrangement.

A deed is also is a written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another. Land can only be transferred from one individual to another in the legally prescribed manner. Historically speaking, a written deed is the instrument used to convey ownership of real property. A deed is labelled an instrument of conveyance. In order for a deed to be properly executed, certain acts must be performed to create a valid conveyance. Ordinarily, an essential element of execution is the signature of the grantor in the proper place. It is not necessary, however, that the grantee sign the deed in order for it to take effect as a conveyance. Generally state statutes require that the deed be signed in the presence of witnesses, attesting to the grantor's request. Proper delivery of a deed from the grantor to the grantee is an essential element of its effectiveness. In addition, the grantor must make some statement or perform some act that implies his or her intention to transfer title. It is insufficient for a grantor to have the mere intention to transfer title, in the absence of further conduct that consummates the purpose. A deed must be accepted by the grantee in order for proper transfer of title to land to be accomplished. There are no fixed principles regarding what acts are sufficient to effect acceptance, since the issue is largely dependent upon the party's intent. Acceptance of a deed need not be made by express words or in writing, absent a contrary statutory provision. A deed is ordinarily accepted when the grantee retains it or obtains a mortgage on the property at issue.

Types of deeds that may create a debt or liability include a deed of assignment of debt, a deed of guarantee, a deed of indemnity. A deed of assignment ‘assigns’ the rights and liabilities of one party, in respect of a debt, to another party who assumes the position of the assignor. Sound legal advice from a skilled Debt Recovery and Insurance Lawyer may be advantageous to ensure that any deeds are properly understood.

A guarantee is an agreement in which the Guarantor agrees to guarantee the payment of monies and the observance and performance of another party’s obligations as specified in a contract. A Guarantee can extend to claims for damages for breaches of any covenants, provision or term of a contract; for repudiation of contract; for the Guarantee’s damage or loss on the occurrence of certain events; for the Guarantee’s reasonable legal and other expenses of seeking to enforce those obligations against the party and the Guarantor.

An indemnity agreement is an agreement for one party to provide compensation for loss or damage from the actions of another party.  Indemnity is defined as "a duty to make good any loss, damage, or liability incurred by another. Indemnity has the general meaning of to "hold harmless", which means one party holds the other harmless for some loss or damage. An indemnity agreement (sometimes called a "hold harmless agreement" can be a contract or a section of a contract. An example is a businesses that offer somewhat dangerous activities to the public,  such as base jumping or white water rafting, which requires that the members of the public sign an indemnity agreement releasing the business from liability in case of an accident. In reality, if the business is found to be negligent the individual who was injured still has a cause of action against the company. Sound legal advice from a skilled Debt Recovery and Insurance Lawyer may be advantageous to ensure that any contractual liability is properly understood.

Consultation with an experienced Debt Recovery and Insurance Lawyer can assist you in ensuring that you draft a deed which is comprehensive, logical and accurately states the rights, duties and obligations of each party. In particular, advice may be sought if a debt or liability arises from a deed that needs to be challenged, resolved or enforced.

If you need further legal advice on your debt related matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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