Deed of release and grant (of a right of way)

by Practical Law Property

Maintained | England, Wales

A standard document for use in England and Wales where a landowner (the Grantor) and the owner of neighbouring land (the Grantee) agree to extinguish an existing right of way and create a new one. This document provides the legal framework to formally release an existing easement over the Grantor's servient land and simultaneously grant an alternative right of way for the benefit of the Grantee's dominant land. It includes detailed Grantor's and Grantee's covenants, addressing issues such as repair, maintenance, and use of the new accessway. The document also manages essential practicalities, including the procedural requirements for registering the new easement and any associated restrictive covenants at HM Land Registry. Optional provisions are included to obtain lender consent, ensure positive covenants bind the Grantee’s successors in title using a Deed of Covenant and restriction, and manage the effects of the Contracts (Rights of Third Parties) Act 1999.

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