Legal Definitions - support deed

A support deed is a specialized legal document used to transfer ownership of real property (such as land or a house) from one person (the grantor) to another (the grantee) with the explicit condition that the grantee will provide ongoing care, financial assistance, or other specified forms of support to the grantor. This type of deed makes the provision of support a fundamental and legally binding obligation for the grantee, in exchange for receiving the property. If the grantee fails to fulfill their commitment, the grantor may have legal grounds to challenge the transfer or reclaim the property.

Here are some examples illustrating how a support deed might be used:

• Example 1: Elder Care Arrangement

  An elderly widow, Mrs. Henderson, transfers the title to her family home to her adult son, Mark. The support deed specifies that in exchange for the property, Mark must live with Mrs. Henderson, provide her with daily care, manage her household expenses, and ensure her medical appointments are kept for the remainder of her life. This arrangement ensures Mrs. Henderson receives the care she needs while transferring the property to her son under a clear legal agreement.

• Example 2: Farm Succession with Lifetime Provision

  A farmer, Mr. Davies, wants to ensure his farm continues to operate within the family but also needs financial security in his retirement. He executes a support deed transferring ownership of his farmland and farmhouse to his niece, Sarah. The deed stipulates that Sarah must allow Mr. Davies to reside in the farmhouse for the rest of his life, provide him with a monthly stipend from the farm's profits, and maintain the property to a certain standard. This legally binds Sarah to support her uncle while taking over the farm's operations.

• Example 3: Property for Long-Term Personal Assistance

  Mr. Chen, who has a progressive illness, transfers ownership of a small rental property he owns to his long-time personal assistant, Ms. Rodriguez. The support deed outlines that Ms. Rodriguez will continue to provide Mr. Chen with comprehensive personal care, transportation, and administrative support for as long as he lives. The property transfer is contingent upon her faithful and continuous performance of these duties, ensuring Mr. Chen's needs are met through a legally recognized exchange.