Recitals in a deed that record a concluded oral agreement between the parties can have operative effect and create enforceable rights, even where the recitals are unrelated to the operative terms of the deed. Where recitals record an agreement to provide property as security, and the deed is signed by the party whose property is to be charged, this may be sufficient to create an equitable mortgage and to satisfy the writing requirements of ss 11 and 59 of the Property Law Act 1974 (Qld). The respondent's own evidence at trial confirming the oral agreement was critical to establishing the security agreement.
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