Glossary

Deed

A deed is a formal written document that meets special signing rules, commonly used where one side gives nothing in return.

A deed is a formal kind of legal document. In England and Wales, the Law of Property (Miscellaneous Provisions) Act 1989 says a deed has to make clear on its face that it is intended to be a deed. For an individual, it is validly executed only if signed in the presence of a witness who attests the signature, and delivered as a deed.

The Law Commission's 2019 report on electronic execution says a deed still needs to be signed in the physical presence of a witness, even when it is signed electronically.

Deeds also have a longer limitation period. Under the Limitation Act 1980, a claim on a simple contract cannot be brought after six years, while a claim on a specialty such as a deed has twelve years. Deeds are commonly used for property transfers, guarantees and some IP assignments.

Example

A company asks a founder to sign a guarantee as a deed, with a witness present, rather than as an ordinary signed agreement.

What the legislation says

  • A deed must make clear on its face that it is intended to be a deed, and is validly executed by an individual only if signed in the presence of a witness who attests the signature, and delivered as a deed.

    Source: Law of Property (Miscellaneous Provisions) Act 1989, s.1(2)–(3)Checked 7 October 2026Pending lawyer review

  • The same report says a deed must still be signed in the physical presence of a witness who attests the signature, even when the deed is signed electronically.

    Source: Law Commission, Electronic execution of documents (4 September 2019)Checked 7 October 2026Pending lawyer review

  • An action on a simple contract cannot be brought after six years from when the cause of action accrued; an action on a specialty (such as a deed) has twelve years.

    Source: Limitation Act 1980, ss.5 and 8Checked 7 October 2026Pending lawyer review