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.
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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
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)
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)
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