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Deed Of Release Of Restrictive Covenant Template for England and Wales

A Deed of Release of Restrictive Covenant is a formal legal document used in England and Wales to remove or discharge a restrictive covenant that affects a property. This deed, when properly executed, permanently removes the restriction that was previously limiting how the land could be used or developed. It must comply with the formal requirements of English law for deeds and typically requires registration with the Land Registry if the land is registered.

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What is a Deed Of Release Of Restrictive Covenant?

A Deed of Release of Restrictive Covenant is commonly used when historical restrictions on land use no longer serve their original purpose or are hindering legitimate development. This document becomes necessary when property owners need to remove outdated or unnecessary restrictions that were placed on their land through previous conveyances. The deed must comply with English and Welsh property law requirements and typically includes details of the parties, the affected property, the specific covenant being released, and the terms of release. Once executed, it enables the property owner to use or develop their land free from the previous restrictions.

What sections should be included in a Deed Of Release Of Restrictive Covenant?

1. Parties: Details of the covenantee (party releasing the covenant) and covenantor (party being released)

2. Background: History of the restrictive covenant and reason for release

3. Definitions: Key terms including Property, Covenant, Title Number

4. Release: The operative words releasing the covenant

5. Execution: Formal execution blocks for all parties

What sections are optional to include in a Deed Of Release Of Restrictive Covenant?

1. Consideration: Details of any payment made for the release (if applicable)

2. Registration: Obligations regarding Land Registry registration (if registered land)

3. Costs: Agreement on who bears legal and registration costs (if relevant)

What schedules should be included in a Deed Of Release Of Restrictive Covenant?

1. Schedule 1 - The Property: Detailed property description and title information

2. Schedule 2 - The Covenant: Full text of the covenant being released

3. Appendix 1 - Plan: Land Registry compliant plan showing affected land (if required)

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

Jurisdiction

England and Wales

Document Type

Release Deed

Cost

Free to use

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