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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

A drafter prepares a deed in which the parties' names, the date and the operative words appear first, followed by the recitals explaining background, then the operative part, schedule and attestation. Which statement about the recitals is correct as a drafting convention?

Recitals explain the background and purpose of the deed and are conventionally introduced with WHEREAS, placed before the operative part. They do not create the operative rights, do not follow the signatures, and are distinct from the schedule that describes the property.

  1. ARecitals explain the background and purpose of the deed and usually begin with 'WHEREAS'Correct
  2. BRecitals create the operative rights and cannot be omitted from any deed
  3. CRecitals must always be placed after the signatures
  4. DRecitals are the schedule describing the property

Explanation

Recitals set out the background facts and intention behind the deed, conventionally introduced by 'WHEREAS', and sit before the operative part. They do not themselves grant rights, they are not placed after signatures, and the schedule is a separate part describing the subject matter.

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