When it comes to legal documents, the terms “executed as a deed” and “executed as an agreement” may sound interchangeable, but they have distinct meanings and implications.
An agreement is a legally binding document that outlines the terms and conditions agreed upon by two or more parties. It can be executed in a variety of ways, such as through a simple handshake or a written document signed by all parties involved.
On the other hand, a deed is a type of agreement that requires a specific formality of execution, known as “execution as a deed.” Unlike a regular agreement, a deed is signed and delivered in the presence of a witness, typically a solicitor or notary public. The witness must then also add their own signature, attesting to the fact that they were present when the deed was signed and that it was executed voluntarily.
The key difference between the two lies in the legal implications that execution as a deed carries. By executing a document as a deed, the parties involved are making a more formal commitment to their agreement. Deeds are typically used for more serious transactions, such as the transfer of property ownership or the granting of a power of attorney.
One of the main advantages of executing a document as a deed is that it provides greater certainty and security. Once a document has been executed as a deed, it is considered to be legally binding and conclusive, unless there are legal grounds to challenge it. This means that the parties involved can have greater confidence in the validity of their agreement.
Another advantage of executing a document as a deed is that it can provide greater flexibility in terms of the timeframe for enforcing the agreement. Unlike a regular agreement, which typically has a limitation period for enforcement, a deed can be enforced at any time within a certain timeframe, typically 12 years.
In summary, while both “executed as an agreement” and “executed as a deed” refer to legally binding documents, executing a document as a deed carries greater formality and security. If you`re involved in a serious transaction, it may be worth considering executing the document as a deed to provide greater certainty and flexibility in enforcing the agreement.