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Deed Of Release Of Right Of Way Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Release Of Right Of Way

"I need a Deed of Release of Right of Way under Dutch law for my commercial warehouse property in Rotterdam, where the neighboring business has agreed to release their right of way across our loading bay area in exchange for €50,000, to be effective from March 1, 2025."

Document background
The Deed of Release of Right of Way is a crucial document in Dutch property law used when parties wish to terminate an existing right of way (erfdienstbaarheid van overpad) between properties. This document becomes necessary when the original right of way is no longer needed, when property arrangements change, or when parties agree to establish different access arrangements. The deed must be executed before a civil law notary and registered with the Dutch Land Registry (Kadaster) to be legally effective. It typically includes detailed property descriptions, cadastral references, the history of the right of way, and explicit termination declarations. This document is particularly important in the Netherlands due to the country's strict property law requirements and the need for formal registration of all real property rights.
Suggested Sections

1. Parties: Identification of the parties including the owner of the servient land (party releasing from the right of way) and the owner of the dominant land (party whose right of way is being released)

2. Background: Details of the existing right of way, including its original establishment, registration details, and reason for release

3. Definitions: Definitions of key terms used in the deed, including property descriptions, relevant dates, and technical terms

4. Property Description: Detailed description of both the servient and dominant properties, including cadastral references and exact location of the right of way

5. Release Declaration: Formal declaration of the release of the right of way, including explicit statement of the termination

6. Consideration: Details of any payment or consideration for the release, if applicable

7. Registration Authorization: Authorization for registration of the release in the Land Registry

8. Costs and Taxes: Allocation of costs related to the deed and registration, including notary fees and transfer tax if applicable

9. Execution: Formal execution clause meeting Dutch notarial requirements

Optional Sections

1. Prior Consents: Include when third-party consents (e.g., from mortgagees or other right holders) are required for the release

2. Environmental Statements: Include when the right of way involves land with environmental considerations or contamination issues

3. Temporary Provisions: Include when there needs to be a transitional period or temporary arrangements before the release takes full effect

4. Future Obligations: Include when there are ongoing obligations between the parties after the release, such as restoration of the land

5. Alternative Access Arrangements: Include when new access arrangements need to be documented as part of the release

Suggested Schedules

1. Property Plans: Cadastral maps and plans showing the exact location and extent of the right of way being released

2. Original Deed Extract: Copy or extract of the original deed establishing the right of way

3. Land Registry Extract: Recent extract from the Land Registry showing current ownership and rights

4. Photographs: Current photographs of the right of way area, if relevant for documentation purposes

5. Consent Documents: Copies of any third-party consents obtained for the release

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

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Real Estate

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Legal

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Property Lawyer

Real Estate Manager

Land Surveyor

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