n.an agreement transferring title to property without an exchange of monetary compensationDoylen 2001, 358Statements that . . . allow for deaccessioning should be included in the deed of gift. As [Gerald] Ham notes, “donor agreements cannot become the dead hand of the past; they must contain some option for reappraisal and deaccessioning.”Behrnd-Klodt 2008, 54The deed of gift becomes a binding legal agreement when signed by the donor (or an authorized representative of the donor) and an authorized representative of the archives or its parent institution.SAA 2013aThe deed of gift is a formal and legal agreement between the donor and the repository that transfers ownership of and legal rights to the donated materials. . . . The signed deed of gift establishes and governs the legal relationship between donor and repository and the legal status of the materials.Baldock 2015, 23After going through various drafts, a deed of gift was signed in 2007 that outlined that materials that were restricted and those that were open to the public, citing specific New York state laws regarding confidentiality.
Deeds of gift may be for real, personal, or intellectual property. In archives, deeds of gift frequently take the form of a contract establishing conditions governing the transfer of title to documents and specifying any restrictions on access and use.