A Deed of Release of Right of Way is a crucial document in Indian property law, used when an existing right of passage over one property (the servient tenement) in favor of another property (the dominant tenement) needs to be formally terminated. This document becomes necessary when the original right of way is no longer required, perhaps due to alternative access being provided, property redevelopment, or mutual agreement between parties. The deed must comply with the Indian Easements Act, 1882, the Transfer of Property Act, 1882, and relevant state laws regarding registration and stamp duty. It typically includes detailed property descriptions, maps, and the specific terms of release, making it essential for property development, urban planning, and infrastructure projects.
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1. Parties: Identifies and defines the parties: the 'Releasor' (current holder of right of way) and the 'Releasee' (owner of the servient tenement/property over which right of way exists)
2. Background: Recites the history of the right of way, including its original grant or creation, and explains the context for its release
3. Definitions: Defines key terms used in the deed, including the properties involved, the right of way being released, and any other relevant terms
4. Details of Existing Right of Way: Precisely describes the current right of way, including its location, dimensions, and purpose
5. Release and Surrender: The operative part where the Releasor formally releases and surrenders their right of way
6. Representations and Warranties: Statements by the Releasor confirming their right to release the easement and that no third-party rights are affected
7. Registration and Stamp Duty: Specifies the requirements for registration and payment of applicable stamp duty
8. Governing Law: Confirms that the deed is governed by Indian law and specifies the jurisdiction for any disputes
1. Consideration: Required if there is payment or other consideration for the release of the right of way
2. Retained Rights: Needed if the Releasor retains any limited rights over the property
3. Conditions Precedent: Include if the release is subject to certain conditions being met
4. Indemnification: Include if specific indemnities are required from either party
5. Alternative Access: Required if alternative access arrangements are being provided
6. Future Development: Include if there are agreements about future development of either property
1. Schedule A - Property Description: Detailed legal description of the servient tenement (property over which right of way exists)
2. Schedule B - Right of Way Description: Detailed description and measurements of the right of way being released
3. Schedule C - Site Plan: Map or plan showing the location of the right of way and relevant properties
4. Schedule D - Original Grant: Copy or details of the original document creating the right of way
5. Schedule E - Photographs: Recent photographs of the right of way and affected areas (if applicable)
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