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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."
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
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
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
Real Estate
Property Development
Construction
Urban Planning
Agriculture
Commercial Property
Residential Property
Industrial Development
Environmental Services
Legal Services
Legal
Real Estate
Property Management
Development
Planning
Construction
Compliance
Land Administration
Corporate Services
Operations
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
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