Development Land Overage and Clawback, 2nd edition

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Development Land Overage and Clawback, 2nd edition

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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
Christopher Jessel, Partner, Farrer & Co
"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