Release Of Lien And Affidavit Template for England and Wales

When you need to remove a lien from property in England and Wales, a Release of Lien and Affidavit provides the formal legal mechanism to discharge the encumbrance and clear your property title. This document combines both the release of the lien and a sworn affidavit confirming the facts, creating a comprehensive record that satisfies Land Registry requirements and protects all parties involved.

When do you need this document?

You'll need a Release of Lien and Affidavit when a debt secured against your property has been fully satisfied, when settling legal disputes involving property encumbrances, or when correcting erroneous liens recorded against your title. This document is particularly crucial when refinancing your property, as lenders require clear title before approving new mortgages. You'll also need it when selling property to ensure the buyer receives unencumbered title, or when a contractor's lien has been resolved and needs formal discharge from the Land Registry records.

Key legal considerations

The document must accurately identify all parties, including the lien holder and property owner, with their full legal names and addresses. The property description must precisely match Land Registry records, including title numbers and registered addresses. Your release statement must clearly specify the original lien details, including the date it was created, the amount secured, and the legal basis for its discharge. The affidavit portion requires a sworn statement confirming all facts are true and accurate, making false statements a criminal offence under perjury laws. Consider the potential liability implications, as improper releases can lead to disputes and claims for damages if the lien was discharged incorrectly or prematurely.

Legal requirements in England and Wales

Under the Law of Property Act 1925 and Land Registration Act 2002, your Release of Lien and Affidavit must meet specific formal requirements for legal validity. The document must be executed in accordance with the Land Registration Rules 2003, including proper signature requirements and any necessary company seal if a corporate entity is involved. The affidavit portion must be sworn before a Commissioner for Oaths in compliance with the Commissioner for Oaths Regulations 1993, requiring the affiant to take a formal oath or affirmation. For companies, execution must comply with the Companies Act 2006, including proper corporate authentication procedures. The completed document must be submitted to the Land Registry using the appropriate forms and procedures, often accompanied by supporting evidence of the debt satisfaction or lien discharge. Failure to follow these requirements can result in rejection by the Land Registry and potential legal complications affecting the property title.