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Deed Of Release And Quitclaim With Undertaking Template for Canada

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Key Requirements PROMPT example:

Deed Of Release And Quitclaim With Undertaking

"I need a Deed of Release and Quitclaim with Undertaking for transferring my partial ownership rights in a commercial property to my business partner, with an undertaking to maintain existing tenant agreements until March 2025."

Document background
The Deed of Release and Quitclaim with Undertaking is a specialized legal document used in Canadian jurisdictions when parties need to formally release property rights or interests while establishing ongoing obligations. It is commonly used in situations where there is uncertainty about property rights, need to clear title issues, or resolve disputes while ensuring future commitments are maintained. This document type combines three essential elements: the release of claims, the quitclaim of property interests, and specific undertakings that bind one or more parties to future actions or obligations. It's particularly useful in complex property transactions, family property settlements, or corporate restructuring where clean breaks are needed but future obligations must be secured. The document must comply with both federal and provincial requirements for property transfers and deed execution in Canada.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including the releasor/grantor and releasee/grantee

2. Background: Provides context for the deed, including relevant history of property ownership and reasons for the release

3. Definitions: Defines key terms used throughout the deed for clarity and legal certainty

4. Property Description: Detailed description of the property or rights being quitclaimed

5. Consideration: States the consideration being provided for the release and quitclaim

6. Release and Quitclaim: Core provisions detailing the release of claims and quitclaim of property rights

7. Undertaking: Specific commitments and ongoing obligations made by the parties

8. Representations and Warranties: Standard representations about authority to enter agreement and ownership of rights being released

9. Further Assurance: Commitment to execute additional documents if needed to give effect to the deed

10. Governing Law: Specifies that Canadian law governs the deed and interpretation

11. Execution: Formal execution block meeting requirements for a deed under Canadian law

Optional Sections

1. Survival of Terms: Used when certain provisions need to survive the completion of the deed

2. Confidentiality: Include when parties wish to keep the terms of the release confidential

3. Tax Indemnity: Include when there are significant tax implications that need to be addressed

4. Third Party Rights: Include when the release affects rights of parties not directly involved in the deed

5. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms

6. Assignment: Include when transfer of rights under the deed needs to be restricted or permitted

7. Severability: Include when parties want to ensure remainder of deed survives if any provision is invalid

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including lot numbers, boundaries, and registration details

2. Title Documents: Copies of relevant title documents and property registration certificates

3. Undertaking Details: Detailed description of specific undertakings and related obligations

4. Related Agreements: List and/or copies of related agreements referenced in the deed

5. Property Plans: Survey plans, maps or drawings of the property if relevant

6. Existing Encumbrances: List of any existing encumbrances, easements or rights that affect the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Real Estate

Construction

Property Development

Banking and Finance

Mining and Resources

Agriculture

Commercial Property

Infrastructure

Energy

Industrial

Residential Property

Municipal Development

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Corporate Affairs

Operations

Administrative Services

Records Management

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Land Registrar

Title Examiner

Corporate Counsel

Legal Director

Property Development Manager

Real Estate Agent

Conveyancing Officer

Compliance Officer

Risk Manager

Contract Administrator

Legal Operations Manager

Chief Legal Officer

Property Rights Specialist

Industries








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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