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Deed Of Release Of Restrictive Covenant

Deed Of Release Of Restrictive Covenant Template for South Africa

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Key Requirements PROMPT example:

Deed Of Release Of Restrictive Covenant

"I need a Deed of Release of Restrictive Covenant for my property in Cape Town, which currently has restrictions preventing subdivision and commercial use; we've received municipal approval to convert the property into a mixed-use development."

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Document background
A Deed of Release of Restrictive Covenant is a crucial document in South African property law used when parties wish to remove restrictions that were previously placed on a property's title deed. These restrictions might limit building heights, land use, subdivision rights, or other property-related activities. The document becomes necessary when such restrictions no longer serve their original purpose or impede legitimate development plans. It must comply with the Deeds Registries Act 47 of 1937 and often requires approval from various stakeholders, including local authorities, neighboring property owners, or homeowners associations. The deed must be properly executed and registered at the Deeds Office to effectively release the covenant. This document is particularly relevant in urban development scenarios where historical restrictions may no longer align with current zoning regulations or development needs.
Suggested Sections

1. Parties: Details of the property owner (grantor) and beneficiary (grantee) of the restrictive covenant

2. Background: History of the restrictive covenant, when it was created, its purpose, and reason for release

3. Definitions: Key terms used in the deed including Property, Restrictive Covenant, Register, Title Deed, etc.

4. Details of the Restrictive Covenant: Full text of the original restrictive covenant being released

5. Release: Formal declaration releasing the restrictive covenant and its binding effect

6. Registration: Provisions regarding registration of the release in the Deeds Registry

7. Costs: Allocation of costs related to the preparation and registration of the release

8. Warranties: Confirmations about authority to release the covenant and ownership of the property

9. Governing Law: Confirmation that South African law governs the deed

10. Execution: Signing requirements and formal execution provisions

Optional Sections

1. Consent of Mortgagee: Required if the property is subject to a mortgage, where the bank's consent is needed

2. Municipal Approval: Required if local authority approval is needed for the release

3. Consideration: Required if there is payment or other consideration for the release of the covenant

4. Partial Release: Required if only part of the restrictive covenant is being released

5. Surviving Covenants: Required if there are other restrictive covenants that remain in force

Suggested Schedules

1. Property Description: Detailed legal description of the property including erf number, title deed number, and physical address

2. Original Deed: Copy of the original deed or document containing the restrictive covenant

3. Title Deed Extract: Extract from the title deed showing the restrictive covenant

4. Consent Documents: Copies of any required consents from third parties

5. Property Plan: Survey diagram or plan if the release relates to specific portions of the property

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




















Clauses
















Relevant Industries

Real Estate

Property Development

Construction

Urban Planning

Banking and Finance

Legal Services

Municipal Government

Property Management

Relevant Teams

Legal

Property Development

Real Estate

Compliance

Property Management

Construction

Urban Planning

Project Management

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Developer

Urban Planner

Property Manager

Development Manager

Legal Counsel

Compliance Officer

Town Planner

Real Estate Agent

Construction Manager

Project Manager

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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