A Release of Covenant is utilized in Malaysian property transactions when parties wish to formally terminate or discharge existing restrictions or obligations attached to a property. This document becomes necessary when the original purpose of the covenant has been fulfilled, is no longer relevant, or when all parties agree to remove the restriction. The Release of Covenant must comply with Malaysian land law requirements, particularly the National Land Code 1965, and needs to be properly executed and registered with the relevant land office. It typically includes details of the original covenant, property information, party details, and clear release declarations. This document is particularly important in property development, where historical restrictions might need to be removed to facilitate new development or change of use.
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1. Parties: Identification of the Covenantee (party releasing the covenant) and Covenantor (party being released from the covenant), including full names, registration/identification numbers, and addresses
2. Background: Brief recital of the original covenant, its registration details, the affected property, and the circumstances leading to the release
3. Definitions: Key terms used in the document, including 'Covenant', 'Property', 'Registration Date', and other relevant defined terms
4. Release Declaration: Clear and unequivocal statement of release of the covenant and discharge of obligations
5. Property Details: Specific details of the property affected by the covenant, including title particulars and registration details
6. Effective Date: Specification of when the release takes effect
7. Authority to Release: Confirmation of the Covenantee's authority to release the covenant
8. Execution: Formal execution block including spaces for signatures, witnesses, and attestation
1. Consideration: Details of any payment or consideration for the release, if applicable
2. Partial Release: Specific provisions if only part of the covenant is being released while other parts remain in effect
3. Representations and Warranties: Additional confirmations or warranties by either party, if required for specific situations
4. Registration Undertaking: Undertaking regarding the registration of the release with relevant authorities, if registration is required
5. Costs: Provisions regarding who bears the costs of preparing and registering the release, if relevant
1. Schedule 1: Property Description: Detailed legal description of the property, including lot number, title details, and location
2. Schedule 2: Original Covenant: Copy or extract of the original covenant being released, including registration details
3. Schedule 3: Plans: Property plans or diagrams if relevant, particularly in cases of partial release
4. Appendix A: Registration Documents: Forms required for registration of the release with land office or relevant authority
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