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Waiver And Release Of Lien for the United Kingdom

Waiver And Release Of Lien Template for England and Wales

A Waiver and Release of Lien is a legal document used in England and Wales to formally relinquish a party's right to place or maintain a lien on a property. It serves as evidence that payment has been received or other arrangements have been made to satisfy the debt, and that the party releasing the lien surrenders all rights to make future claims against the property for the work or materials provided. This document is particularly important in construction and property development contexts, where it helps ensure clear title to property and facilitates proper completion of projects.

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Waiver And Release Of Lien

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What is a Waiver And Release Of Lien?

A Waiver And Release of Lien is a crucial document in the English and Welsh property and construction sectors, typically used when a contractor, subcontractor, or supplier has been paid for their work or materials and needs to formally release their right to claim against the property. The document provides security for property owners and lenders by ensuring that no future claims can be made against the property for work already completed and paid for. It includes specific details about the property, the original lien, the payment received, and the scope of the release. This document is particularly important during property sales, refinancing, or project completion phases, where clear title to the property is essential.

What sections should be included in a Waiver And Release Of Lien?

1. Parties: Identification of all parties involved in the waiver

2. Background: Context of the original lien and reason for waiver

3. Definitions: Key terms used throughout the document

4. Property Description: Detailed description of the property subject to the lien

5. Waiver Declaration: Formal statement of waiver and release

6. Consideration: Details of payment or other consideration given for the release

7. Execution: Signature blocks and execution formalities

What sections are optional to include in a Waiver And Release Of Lien?

1. Conditional Release Provisions: Used when the release is subject to specific conditions or contingent on certain events or payments

2. Representations and Warranties: Additional assurances from the releasing party, typically used in complex commercial situations or high-value releases

3. Governing Law: Specification of applicable law, particularly relevant when parties are in different jurisdictions

What schedules should be included in a Waiver And Release Of Lien?

1. Property Details Schedule: Detailed legal description of property and relevant title information

2. Payment Schedule: Details of payments made or to be made in consideration of the release

3. Original Lien Documentation: Copies of original lien notices or documentation being released

4. Authority Documentation: Evidence of authority to execute the release (if required)

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

Cost

Free to use
Relevant legal definitions
























Clauses




















Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Primary legislation governing construction contracts and payment mechanisms in the UK

Construction (Design and Management) Regulations 2015: Regulations governing health, safety and welfare in construction - relevant for any construction-related liens and responsibilities

Late Payment of Commercial Debts (Interest) Act 1998: Legislation concerning interest on late payments in commercial transactions, relevant for payment-related aspects of liens

Law of Property Act 1925: Fundamental property law legislation in England and Wales, governing real property rights and interests

Land Registration Act 2002: Legislation governing the registration of land and interests in land, important for recording and releasing liens

Land Charges Act 1972: Act governing the registration of certain land charges and other rights affecting land

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce contractual terms, relevant for lien waivers affecting multiple parties

Companies Act 2006: Primary legislation governing company operations, relevant when any party to the waiver is a registered company

Limitation Act 1980: Legislation setting time limits for various types of legal claims, including property-related claims

Insolvency Act 1986: Legislation governing insolvency proceedings, relevant for the validity and enforcement of lien releases

Common Law Contract Principles: Fundamental principles of contract formation, consideration, and enforcement under English common law

Equitable Liens: Legal principle governing non-statutory liens arising from equitable principles in English law

Retention of Title: Statutory and contractual rights regarding retention of title in construction and supply contracts

Common Law Possessory Liens: Legal principles governing rights to retain possession of property until payment is made

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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