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Deed Of Release Of Restrictive Covenant Template for Canada

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Key Requirements PROMPT example:

Deed Of Release Of Restrictive Covenant

"I need a Deed of Release of Restrictive Covenant to remove building height restrictions on my residential property at 123 Maple Street, Toronto, as I plan to develop a three-story home in March 2025; the current covenant limits construction to single-story buildings."

Document background
A Deed of Release of Restrictive Covenant is a crucial document in Canadian real estate law used when property owners need to remove existing restrictions on land use. This document is particularly relevant when development plans conflict with historical restrictions, when land use patterns have changed, or when the original purpose of the covenant is no longer relevant. The deed must comply with provincial registration requirements and typically includes detailed property descriptions, the specific covenant being released, and proper execution formalities. It's commonly used in property development, urban renewal projects, or when modernizing land use in established areas. The document requires careful drafting to ensure it effectively releases the covenant while maintaining compliance with local land registry requirements and property law.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including the current owner of the benefited land (Covenantee) and the owner of the burdened land (Covenantor)

2. Background: Recites the history of the restrictive covenant, including its original creation, registration details, and the agreement to release

3. Definitions: Defines key terms used in the deed, including property descriptions, the restrictive covenant, and any other relevant terms

4. Details of the Restrictive Covenant: Specifically identifies and describes the restrictive covenant being released, including its registration number and date

5. Property Description: Provides legal description of both the benefited and burdened lands

6. Release: Contains the operative words of release, permanently discharging the restrictive covenant

7. Authority and Capacity: Confirms the authority and capacity of the parties to execute the release

8. Registration: Addresses the requirements for registration of the release in the appropriate land registry

9. Execution: Contains the formal execution blocks for all parties, including witness requirements

Optional Sections

1. Consideration: Required if there is payment or other consideration for the release

2. Partial Release: Used when only part of the restrictive covenant is being released or only affects part of the land

3. Conditions Precedent: Included when the release is subject to certain conditions being met

4. Consents: Required when third-party consents are necessary for the release

5. Planning Authority Approval: Required when municipal or planning authority approval is needed for the release

6. Representations and Warranties: Added when specific assurances are required regarding authority, title, or other matters

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the burdened property

2. Schedule B - Benefited Land Description: Detailed legal description of the benefited property

3. Schedule C - Copy of Original Restrictive Covenant: Copy of the original restrictive covenant being released

4. Schedule D - Plan: Survey plan or reference plan showing affected lands, particularly important for partial releases

5. Schedule E - Consents: Copies of any required third-party consents or approvals

Authors

Alex Denne

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

Relevant legal definitions




























Clauses




















Relevant Industries

Real Estate

Property Development

Construction

Urban Planning

Agriculture

Commercial Property

Residential Property

Industrial Development

Environmental Services

Legal Services

Relevant Teams

Legal

Real Estate

Property Management

Development

Planning

Construction

Compliance

Land Administration

Corporate Services

Operations

Relevant Roles

Real Estate Lawyer

Property Developer

Land Use Planner

Real Estate Agent

Property Manager

Development Manager

Legal Counsel

Conveyancer

Title Officer

Municipal Planner

Construction Manager

Real Estate Portfolio Manager

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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