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Development Land Overage and Clawback, 2nd edition

Development Land Overage and Clawback, 2nd edition

Name: Development Land Overage and Clawback, 2nd edition
Brand: LexisNexis U.K.
SKU: 9781846610554
Price: 1085.04 HKD
Availability: OutOfStock
Author: Christopher Jessel
ISBN: 9781846610554

By Christopher Jessel

LexisNexis U.K. March 2007

Specifications

ISBN-13: 9781846610554
Publisher: LexisNexis U.K.
Publication: March 2007
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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

Development Land Overage and Clawback is the authoritative explanation 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 increase in its development value. Various methods may be employed to achieve this objective; each method is explained in detail, analysing its appropriateness to the owner's and purchaser's objectives and circumstances and offering solutions to practical 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 to be followed and is supplemented by an appendix which also includes several clauses 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 a landowning client.Development Land Overage and Clawback will ensure that all practitioners are well-informed of all the opportunities and dangers associated with this complex and evolving area of commercial land law.

Purpose and Origins
Promise to Pay and Assignment
Positive Covenants
Restrictive Covenants
Mortgages and Charges
Ransoms
Landlord and Tenant Options
Options
Vehicles
Government Clawback and Tax
Negotiation and Drafting
The Future

Appendices

Worked Examples
- Surplus factory
- Contaminated industrial site
- Farmland near a village
- Large garden E Family landed estate
- Surplus charity land
- Short-term leisure development
- Government land
- Personal planning consent
- Sale and leaseback
- Future variation of planning consent
- Section 106 control
- Possible skyscraper
- Landscaping
- Family division
Precedents and Drafting
- Promise to pay and positive covenant
- Restrictive covenant
- Charge
- Ransoms
- Leasehold
- Options
- Excess payment on sale
- General Forms

About the Author

Christopher Jessel, Partner, Farrer & Co

Reviews

"The book impresses with its easy-to-read, yet authoritative, style ... The worked examples will be of particular benefit to practitioners ... a good starter for those new to the subject, as well as being a reference for the more experienced"
The Bulletin, ALA

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