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Partial Lien Release for the United Kingdom

Partial Lien Release Template for England and Wales

A Partial Lien Release is a legal document used in England and Wales that releases a portion of a property or specific assets from an existing lien while maintaining the lien's effect on the remaining property or assets. This document is commonly used in property development, refinancing, or partial property sales where the original security interest needs to be partially discharged. It must comply with English property law requirements and typically requires registration with HM Land Registry.

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Partial Lien Release

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What is a Partial Lien Release?

A Partial Lien Release is utilized when a property owner or developer needs to release certain assets or portions of property from an existing security interest while maintaining the lien on other portions. This document is particularly relevant in England and Wales where property developments are completed in phases, or when portions of secured property are sold separately. The Partial Lien Release must detail the specific property being released, the consideration provided, and the remaining security interests. It requires careful drafting to ensure compliance with the Law of Property Act 1925 and Land Registration Act 2002, and typically involves registration with HM Land Registry to perfect the partial release.

What sections should be included in a Partial Lien Release?

1. Property Identification: Precise legal description of the property subject to the lien

2. Original Lien Details: Information about the original lien, including date, amount, and registration details

3. Release Extent: Specific description of what portion of the lien is being released

4. Consideration: Statement of consideration received for the partial release

5. Remaining Security: Confirmation of continuing validity of remaining security

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

1. Conditions Precedent: Any conditions that must be met before the release becomes effective - used when release is contingent on specific events or actions

2. Future Rights Reservation: Preservation of rights relating to unreleased portions - used when protecting future enforcement rights is crucial

What schedules should be included in a Partial Lien Release?

1. Property Description Schedule: Detailed legal description of property being released

2. Original Security Documents: List of relevant security documents being partially released

3. Payment Schedule: Details of any payments made or to be made in connection with the 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 rights and interests in England and Wales. Sets out definitions of legal estates and charges, and contains key provisions regarding the creation and release of charges.

Land Registration Act 2002: Legislation governing the registration of land and property interests, including requirements for registered charges/liens and procedures for updating the land register.

The Land Registration Rules 2003: Detailed regulations setting out procedural requirements for land registration, including specific forms and documentation requirements for property transactions.

Companies Act 2006: Legislation relevant when any party is a company, covering execution requirements and company charges registration requirements.

Construction Act 1996: Housing Grants, Construction and Regeneration Act, particularly relevant for liens related to construction work and payment provisions.

Common Law Principles: Established legal principles including doctrine of partial release, principles of secured transactions, and contract formation requirements.

Consumer Credit Act 1974: Legislation governing consumer credit arrangements and associated consumer protection provisions, relevant if the underlying debt involves consumer credit.

Teams

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