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Deed Of Partial Release Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Partial Release

"I need a Dutch Deed of Partial Release to release a portion of an industrial property (approximately 2,000 square meters) from an existing mortgage held by ABN AMRO Bank, while maintaining the security over the remaining 5,000 square meters; the release needs to be effective by March 15, 2025."

Document background
The Deed of Partial Release is a crucial document in Dutch property and security law, commonly used when a portion of mortgaged or pledged property needs to be released while maintaining security over the remainder. This situation often arises in property development, refinancing, or partial property sales. The deed must be executed as a notarial deed before a Dutch civil law notary and requires registration in the Land Registry (Kadaster) when concerning real estate. It includes detailed descriptions of both the released and remaining secured property, ensuring legal certainty and compliance with Dutch property law requirements. The document is particularly important in scenarios where property is being developed in phases or where a partial sale of secured property is taking place.
Suggested Sections

1. Appearance (Comparitie): Formal opening section identifying the notary and the appearing parties with their full legal details as required by Dutch law

2. Capacity (Hoedanigheid): Specifies the legal capacity in which the parties are acting

3. Background (Considerans): Describes the existing security right, reference to the original deed, and reason for partial release

4. Definitions: Defines key terms used in the deed, including reference to original security documents

5. Declaration of Partial Release: The formal statement releasing part of the security right or property

6. Description of Released Property/Rights: Detailed description of the specific property or rights being released from the security

7. Remaining Security: Confirmation of security rights that remain in force

8. Registration Details: Information required for registration in the Land Registry (Kadaster)

9. Governing Law: Confirmation that the deed is governed by Dutch law

10. Execution: Formal closing section with notarial statements and signature requirements

Optional Sections

1. Conditions Precedent: Used when the release is subject to specific conditions being met

2. Representations and Warranties: Used when specific confirmations are required from the releasing party

3. Costs: Include when there's a need to specify who bears the costs of the release

4. Power of Attorney: Required when any party is acting under power of attorney

5. Partial Payment Confirmation: Used when the release is connected to a partial payment of the secured obligations

6. Consent of Third Parties: Required when third party consent is necessary for the release

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property being released, including cadastral details

2. Original Security Right Details: Copy or extract of the relevant parts of the original security deed

3. Maps and Plans: When required for precise identification of partially released property

4. Powers of Attorney: Copies of any relevant powers of attorney

5. Consent Documents: Copies of third-party consents where applicable

6. Land Registry Extract: Recent extract from the Land Registry showing current registration

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


























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Relevant Industries

Banking and Financial Services

Real Estate

Construction and Development

Infrastructure

Commercial Property

Residential Property

Agriculture

Industrial

Energy

Telecommunications

Relevant Teams

Legal

Real Estate

Property Management

Credit Risk

Securities Administration

Mortgage Operations

Commercial Banking

Corporate Banking

Compliance

Real Estate Finance

Relevant Roles

Legal Counsel

Real Estate Lawyer

Property Lawyer

Notary

Bank Manager

Property Developer

Real Estate Manager

Mortgage Advisor

Security Trustee

Portfolio Manager

Asset Manager

Commercial Property Manager

Risk Manager

Compliance Officer

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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