Development Land Overage and Clawback

Summary: Development Land Overage and Clawback is the authoritativeexplanation of this evolving area of property practice, used increasingly by landowners, commercial companies and government departments.Overage, or clawback, can be used to ensure that a landowner selling land can share in any subsequent increasein its development value. Various methods may be employed to achieve this objective; each method is explained in de...tail, analysing its appropriateness to the owner's and purchaser's objectives and circumstances and offering solutions topractical problems. How to ascertain the 'trigger' event for payment, how to calculate the amount of any payment and enforce payment obligations are explained in full. An extensive chapter on drafting sets out the principles tobe followed and is supplemented by an appendix which also includes severalclauses for inclusion in documents.This substantially revised second edition takes account of the Land Registration Act 2002, the introduction of SDLT and the growing number of case laws in this area.Potentially vast sums may be lost if a practitioner misadvises alandowning client. Development Land Overage and Clawback will ensure thatall practitioners are well-informed of all the opportunities and dangersassociated with this complex and evolving area of commercial land law.ContentsPurpose and OriginsPromise to Pay and AssignmentPositive CovenantsRestrictive CovenantsMortgages and ChargesRansomsLandlord and Tenant OptionsVehiclesGovernment Clawback and TaxNegotiation and DraftingThe FutureWorked ExamplesPrecedentsAvailable on 28 days' approval. [read more]