Deed Of Release Of Easement Template for England and Wales

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Key Requirements PROMPT example:

Deed Of Release Of Easement

"I need a Deed of Release of Easement to remove rights of way over my agricultural land (Title Number: AB123456) which were originally granted in 1985, as these access rights are no longer needed following construction of a new public road."

Document background
A Deed of Release of Easement is used when parties wish to formally terminate existing rights over land in England and Wales. This document is necessary when the owner of land benefiting from an easement (the dominant owner) agrees to give up their rights over another's land (the servient land). The deed must be properly executed and registered with HM Land Registry where applicable. It's particularly important in property development, land reorganization, or when existing access or service arrangements are no longer needed. The document includes details of the properties involved, the rights being released, and any consideration paid.
Suggested Sections

1. Parties: Details of the parties releasing and receiving the release of easement

2. Background: History of the easement and reason for release

3. Definitions: Key terms used in the deed including property descriptions

4. Release: The operative words releasing the easement

5. Execution: Formal execution blocks for all parties

Optional Sections

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

2. Mortgagee Consent: Required if property is mortgaged and lender consent needed

3. Representations and Warranties: Additional assurances about authority to release (if required)

Suggested Schedules

1. Property Description: Detailed description of the properties affected

2. Plan: Plan showing the easement being released

3. Original Easement: Copy or extract of the original easement grant (if available)

Authors

Alex Denne

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, particularly relevant for sections on legal estates, interests in land, and requirements for deeds under Section 1(2)

Land Registration Act 2002: Legislation governing the registration of land interests, including requirements for registration of dispositions, priority rules, and procedures for updating the land register

Law of Property (Miscellaneous Provisions) Act 1989: Key legislation specifying formal requirements for deeds (Section 1) and requirements for contracts involving disposition of interests in land (Section 2)

Land Registration Rules 2003: Statutory instrument detailing procedural requirements for registration, including required forms and notices

Common Law Principles - Easements: Body of case law covering the nature and characteristics of easements, methods of extinguishment, and requirements for release

Original Easement Consideration: Analysis required of the form of original easement (express, implied, or prescriptive) to ensure proper release

Registration Status: Consideration of whether the easement is registered or unregistered, affecting the release process

Third Party Interests: Assessment of any third-party interests that might be affected by the release of easement

Planning Law Implications: Consideration of any relevant planning law requirements or restrictions affecting the release

Mortgage Lender Requirements: Verification of any necessary consent requirements from mortgage lenders

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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