Deed of Release of Restrictive Covenant Template for the United Kingdom
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What is a Deed of Release of Restrictive Covenant?
A Deed of Release of Restrictive Covenant is a formal legal document by which the person benefiting from a restrictive covenant agrees to give up or modify their right to enforce it. Restrictive covenants commonly limit how land or property may be used, such as prohibiting building work or commercial activity. Releasing a covenant provides certainty for the burdened owner and can remove obstacles to development or sale. Because it affects interests in land, the document must be executed as a deed to be legally effective.
Frequently Asked Questions
Why must a release of a restrictive covenant be a deed?
A restrictive covenant is an interest in land, and releasing or varying such an interest generally requires a deed to be legally effective. A deed must be in writing, make clear it is intended as a deed, and be validly executed and witnessed.
Who needs to sign the deed of release?
The party or parties who currently have the benefit of the covenant must execute the deed, and the burdened owner is usually joined as well. Identifying everyone with the benefit can be complex, so title investigation is often needed.
Do I need to notify HM Land Registry after a release?
Yes. Where the covenant appears on a registered title, an application should be made to HM Land Registry to remove or amend the relevant entry so the register reflects the release.
What if I cannot identify who has the benefit of the covenant?
If the beneficiary cannot be traced or refuses to agree, you may need to apply to the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925, or consider restrictive covenant indemnity insurance. Specialist legal advice is recommended.
Does this document apply across the whole UK?
This guidance focuses on England and Wales. Scotland and Northern Ireland have distinct property law regimes, so different documents and procedures apply and you should take local advice.
About the Deed of Release of Restrictive Covenant
A Deed of Release of Restrictive Covenant usually covers the following.
- Parties: Clearly identify the party with the benefit of the covenant (the releasor) and the party with the burden (the releasee), including their full names and addresses.
- Recitals and background: Set out the origin of the covenant, referencing the deed or conveyance that created it and the relevant registered titles.
- Description of the covenant: Precisely describe the restrictive covenant being released, quoting the original wording and identifying the affected land.
- Release or modification: State whether the covenant is being fully released or only modified, and specify the exact terms of any partial variation.
- Consideration: Record any payment or other consideration given in exchange for the release, or confirm it is granted for no consideration.
- Land Registry provisions: Include an obligation or authority to apply to HM Land Registry to remove or amend the covenant entry against the affected title.
- Warranties and authority: Confirm that the releasor has the benefit of the covenant and full authority to release it.
- Execution as a deed: Provide correctly formatted execution clauses so the document is validly signed, witnessed and delivered as a deed by all parties.
GOVERNING LAW
Applicable law
This Deed of Release of Restrictive Covenant is drafted to comply with United Kingdom law. Key legislation includes:
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