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Duplicate Lien Release for the United Kingdom

Duplicate Lien Release Template for England and Wales

A Duplicate Lien Release is a legal document used in England and Wales when the original lien release documentation has been lost, destroyed, or damaged. It serves as official confirmation that a previously existing lien has been satisfied and released. The document must comply with Land Registry requirements and provides legal certainty for property owners and subsequent lenders regarding the property's unencumbered status.

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What is a Duplicate Lien Release?

The Duplicate Lien Release is required when evidence of an original lien release has been misplaced or destroyed, but confirmation of the release is needed for property transactions or refinancing. This document, governed by English and Welsh law, provides legal certainty about the property's unencumbered status and helps prevent future disputes. It includes details of the original lien, confirmation of its satisfaction, and appropriate indemnities. The document must comply with Land Registry requirements and often requires supporting evidence of the original release.

What sections should be included in a Duplicate Lien Release?

1. Identification of Original Lien: Details of the original lien including date, parties, and registration information

2. Declaration of Previous Release: Statement confirming the original lien was previously released but documentation was lost/damaged

3. Release Statement: Formal statement releasing and discharging the lien

4. Authority to Release: Confirmation of the releasing party's authority to execute the release

What sections are optional to include in a Duplicate Lien Release?

1. Indemnification: Protection against future claims, used when there's uncertainty about the original release

2. Supporting Documentation: References to evidence of original release, used when partial documentation exists

3. Special Conditions: Any specific terms or conditions, used for complex releases

What schedules should be included in a Duplicate Lien Release?

1. Schedule 1 - Property Description: Detailed description of property subject to the lien

2. Schedule 2 - Original Lien Details: Copy or summary of original lien documentation

3. Appendix A - Evidence of Original Release: Copies of any available documentation proving original release

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Release of Lien

Cost

Free to use
Relevant legal definitions












Clauses














Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, particularly sections concerning legal charges and their discharge

Land Registration Act 2002: Key legislation dealing with registered charges, their removal, and requirements for documentary evidence of discharge

Companies Act 2006: Relevant when the lien involves corporate entities, governing corporate aspects of property transactions

Land Registration Rules 2003: Detailed regulations specifying formal requirements for releasing charges and associated documentation requirements

Doctrine of Estoppel: Common law principle preventing double recovery and protecting parties who rely on the release

HM Land Registry Practice Guidelines: Administrative guidelines specifying requirements for duplicate releases and form requirements

FCA Regulations: Financial Conduct Authority regulations applicable when the original lien holder is a regulated financial institution

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