Cancellation of Burdens
Most burdens may be released by the person entitled to the burden, upon the execution of a simple deed of release (Precedent 9.D). However, it will be necessary to produce evidence that the releasor is the person entitled to that burden, unless he is so identified on the folio.
If the burden being released is an easement (see Precedent 9.E), it will be necessary to produce the Land Certificates relating to both the dominant and servient tenements. It should also be noted that if part of the dominant tenement is now owned by a third party, that party also has the benefit of the easement (unless a contrary intention was expressed in the transfer deed to the third party). In such circumstances releases by the owners of all the lands which originally formed part of the dominant tenement will be required before the easement can be cancelled.
Although most burdens may be cancelled on foot of a release, special considerations apply where a burden lease is to be cancelled.
Burdens of a personal nature such as rights of residence or revocation may be cancelled on foot of a release (Precedent 9.D) or on production of evidence that the burden no longer exists because the person entitled has died (see Precedents 9.F and 9.G).
NOTE: Where the Deed of Cancellation seeks to cancel a number of burden entries with differing registration dates, only the date of the earliest registration entry should be entered in the “Date of registration of the burden” field.
PRECEDENT 9.D
RELEASE OF A REGISTERED BURDEN BY THE PERSON ENTITLED
LAND REGISTRY
Folio:
County:
Registered Owner:
I, XY of ...... the person entitled to a right of .......... registered as a burden on the above Folio on .......... 20.. in consideration of £.......... (receipt acknowledged) hereby release from the said burden the land comprised in the above Folio (or that part of the land comprised in the above Folio described in the Schedule hereto.)
Dated:
Signed Sealed and Delivered etc.
(Insert Schedule, where appropriate.)
PRECEDENT 9.E
RELEASE OF AN EASEMENT
LAND REGISTRY
Folio: 1234
County:
Registered Owner: AB
Folio: 2345
County:
Registered Owner: CD
Registered Owner of Charge: X Bank Ltd
CD, the above-named registered owner of the land comprised in Folio 2345 and X Bank Ltd the registered owner of a charge on folio 2345 in consideration of £.......... (receipt acknowledged) hereby release the land comprised in Folio 1234 from the easement registered thereon on .......... 20.. (if more than one easement was registered on that date, add: and expressed in the following terms ..........).
The parties hereto hereby request the Registrar to cancel the entry on Folio 1234 relating to the said easement and the entry of appurtenant right on Folio 2345.
(Insert a SDLT Certificate, if appropriate.)
Dated:
Signed Sealed and Delivered etc.
PRECEDENT 9.F
CANCELLATION OF A RIGHT OF RESIDENCE (AND SUPPORT) ON THE DEATH OF THE PERSON ENTITLED
LAND REGISTRY
Folio:
County:
Registered Owner: AB
I, the undersigned .......... a partner/solicitor in the firm of .......... of .......... hereby certify that:
I act for AB the above-named registered owner. I have investigated the title to the burden in favour of XY referred to below. XY the person entitled to a right of residence (and support) registered as a burden on the above folio on .......... 20.. died on .......... 20.. (The said XY had been duly supported up to the date of his death and there is no outstanding liability in respect of the said right). I am satisfied that the said burden should be cancelled and accordingly I hereby request its cancellation.
Dated:
Signed:
PRECEDENT 9.G
CANCELLATION OF A RIGHT OF REVOCATION ON THE DEATH OF THE PERSON ENTITLED
LAND REGISTRY
Folio:
County:
Registered Owner: AB
I, the undersigned ...........a partner/solicitor in the firm of .......... of .......... hereby certify that:
1. I act for AB the above-named registered owner.
2. I have investigated the title to the burden in favour of XY referred to below.
3. XY the person entitled to a right of revocation registered as a burden on the above Folio on ………20……… died on.......... 20..
4. The said XY was entitled to exercise the said right of revocation by deed (or as the case may be). The said XY did not exercise the said right and since no other person is entitled to exercise it, the said right is no longer exercisable.
5. I am satisfied that the said burden should be cancelled and accordingly I hereby request its cancellation.
Dated:
Signed: