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Deed Of Partial Reconveyance for the United Kingdom

Deed Of Partial Reconveyance Template for England and Wales

A Deed of Partial Reconveyance is a legal document used in England and Wales to release a portion of mortgaged property from the original mortgage security while maintaining the mortgage over the remaining property. This document formally transfers back to the borrower the legal title of a specific portion of the mortgaged property, effectively removing that portion from the mortgage security. It must comply with the requirements of the Law of Property Act 1925 and the Land Registration Act 2002, and requires registration with the Land Registry.

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Deed Of Partial Reconveyance

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What is a Deed Of Partial Reconveyance?

A Deed of Partial Reconveyance is utilized when a property owner wishes to release a specific portion of mortgaged property while maintaining the mortgage on the remainder. This commonly occurs in property development scenarios or when selling part of a mortgaged property. The deed must precisely identify the portion being released and comply with English and Welsh property law requirements. It includes detailed property descriptions, plans, and necessary declarations to ensure legal validity. The document must be properly executed as a deed and registered with the Land Registry to be effective.

What sections should be included in a Deed Of Partial Reconveyance?

1. Parties: Identification of the mortgagee/lender and mortgagor/borrower with their full legal names and addresses

2. Background: Details of the original mortgage and reason for partial reconveyance, including reference to the original mortgage deed

3. Definitions: Key terms used in the deed including Property, Mortgage, Released Land, and Retained Land

4. Property Description: Detailed description of the portion being reconveyed, including boundaries and measurements

5. Reconveyance Declaration: Formal statement of reconveyance releasing the specified portion from the mortgage

6. Execution: Signature blocks and attestation clauses for all parties

What sections are optional to include in a Deed Of Partial Reconveyance?

1. Rights Reserved: Section detailing any rights retained by the mortgagee over the reconveyed portion

2. Covenants: Additional promises or obligations between the parties regarding the reconveyed portion

3. Conditions Precedent: Any conditions that must be met before the reconveyance becomes effective

What schedules should be included in a Deed Of Partial Reconveyance?

1. Schedule 1 - Property Plan: Detailed plan showing the portion of property being reconveyed with boundaries clearly marked

2. Schedule 2 - Original Mortgage Details: Copy or details of the original mortgage deed including date, parties, and registration information

3. Schedule 3 - Title Information: Relevant title numbers and registration details from the Land Registry

4. Appendix A - Supporting Documents: Additional documentation required for the reconveyance including any necessary certificates or consents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, including requirements for valid deeds, legal formalities for property transfers, and rules regarding legal estates in land

Land Registration Act 2002: Legislation governing the registration of land and property rights, including requirements for registration, priority of interests, and effects of registration

Law of Property (Miscellaneous Provisions) Act 1989: Legislation specifying formal requirements for deeds, including Section 1 on execution formalities and requirements for witnessing

Trustee Act 2000: Legislation governing trustee duties and powers, relevant when trustees are involved in the reconveyance process

Land Registration Rules 2003: Detailed procedural requirements for land registration, including specific forms, notices, and registration procedures for property transactions

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