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Deed Of Release Of Restrictive Covenant

Deed Of Release Of Restrictive Covenant Template for Ireland

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Key Requirements PROMPT example:

Deed Of Release Of Restrictive Covenant

"I need a Deed of Release of Restrictive Covenant for my Dublin commercial property at 123 O'Connell Street, releasing a 1985 covenant that restricts building height to two stories, as we've received planning permission for a four-story development starting March 2025."

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Document background
A Deed of Release of Restrictive Covenant is essential in Irish property transactions where existing land restrictions need to be removed or modified. This document is commonly used when historical restrictions no longer serve their original purpose or impede necessary development. It's particularly relevant when property owners find their land use limited by outdated covenants, or when developers need to clear title restrictions for new projects. The deed must comply with Irish property law and conveyancing requirements, including proper execution and registration procedures. Key information includes property details, the nature of the original covenant, and clear release provisions. The document's importance has grown with increasing property development and urban renewal projects across Ireland, where old restrictive covenants can pose significant obstacles to land use and development.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including the party releasing the covenant (Covenantee) and the party being released (Covenantor)

2. Background: Recitals explaining the history of the restrictive covenant, when it was created, and why it is being released

3. Definitions: Defines key terms used in the deed, including the Property, Original Deed, Restrictive Covenant, etc.

4. Property Description: Detailed description of the affected property, including its folio number and registration details

5. Covenant Identification: Specific identification and description of the restrictive covenant being released

6. Release Provisions: The operative words of release, clearly stating that the covenant is discharged and released

7. Binding Effect: Confirms the binding nature of the release on parties' successors in title

8. Governing Law: Specifies Irish law as the governing law of the deed

9. Execution: Formal execution blocks for all parties, including witness requirements

Optional Sections

1. Conditions Precedent: Used when the release is subject to certain conditions being met before becoming effective

2. Partial Release Provisions: Required when only part of a covenant is being released or when the release applies to only part of the property

3. Indemnities: Include when one party needs to indemnify another against future claims relating to the released covenant

4. Costs: Include when there are specific arrangements about who bears the costs of the release

5. Land Registry Requirements: Special provisions required for registration of the release at the Land Registry

6. Further Assurance: Additional clause committing parties to take any further actions necessary to give effect to the release

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property, including maps and plans if necessary

2. Original Covenant Schedule: Full text of the original restrictive covenant being released

3. Title Documents Schedule: List of relevant title documents and their details

4. Plans: Maps, plans, or drawings showing the affected property and any relevant boundaries

5. Land Registry Forms: Prescribed forms required for registration of the release

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Roles

Property Lawyer

Real Estate Developer

Land Manager

Property Manager

Construction Manager

Planning Officer

Real Estate Agent

Conveyancing Solicitor

Property Rights Specialist

Development Director

Land Surveyor

Title Officer

Estate Manager

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