Main Elements of a Deed

A description of the main elements of a Deed. This is from a lecture conducted for the final year students of the Sri Lanka Law College in 2007

1. Main Elements of a
Deed
Ajithaa Edirimane, LLB MLB
Attorney-at-Law & Notary Public
COPYRIGHT Ajithaa Edirimane -No part of this slide
presentation shall be copied or extracted or used in
anyway without the publisher’s permission -
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2. WHAT IS A DEED?
(1) be in writing,
(2) signed by the Grantor,
(3) identify the Grantor and Grantee,
(4) show the Grantor's intent to create or convey a
property interest to the Grantee,
(5) identify that property interest,
(6) identify the land where the Grantee can
exercise the rights created or conveyed, and
(7) be delivered by the Grantor to the Grantee.

3. Features of a Deed
1. It must be written or printed on parchment or paper.
2. There must be sufficient parties.
3. A proper subject-matter which is the object of the grant.
4. Sufficient consideration.
5. An agreement properly set out.
6. It must be read, if desired.
7. It must be signed and sealed.
8. It must be delivered.
9. It must be attested by witnesses.
10. It should be properly acknowledged before a competent
officer. (i.e. Notary Public)
11. A deed ought to be recorded at the respective Land
Registry.

4. Formal parts of a Deed
The Recital
The premises
The Habendum
The Redendum
Conditions upon which
the grant is made
Warranties
Covenants
Conclusion / Testimonium
-the source of the grantor’s title
-Grantor & Grantee, language
of conveyance, property
interest
-To have and to hold
-Yielding and paying therefore
(to be found in leases)
-The title, peaceful & quiet
enjoyment
-Signatures of the parties,
Witnesses and attestation