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Course Development Land: Overage and Clawback

Overviewnew


There has been much litigation in recent years over overage provisions. Often the solicitors are blamed for bad drafting or not anticipating other interpretations or events. Dealing with overage successfully can be demanding but rewarding work, requiring commerciality, creativity and attention to detail - plus considering potential avoidance mechanisms.

We will consider:

  • Managing the client's expectations
  • Types of overage situation:
    - Surplus company land

    - Agricultural sale off

    - Public body sales

    - 'Unlikely but possible'

  • Methods of securing payment
  • Charges, restrictions, ransoms, restrictive covenants and leases
  • Pro's & con's of each method
  • Trigger events and avoidance techniques:- Planning, construction, sale, use, etc and getting the wording right
  • Duration and discharge or assignment
  • How many bites of the cherry?
  • 'No disposal' situations
  • Changes in control
  • Disposals of part
  • Getting the formula right on overage calculations
  • Double counting of deductibles - CIL infrastructure, etc.
  • Thinking the unthinkable & avoiding avoidance
  • Good faith provisions
  • Buyer's obligations?
  • Pre-emption rights?
  • Lender issues - postponement of iiens and priorities
  • Intercreditor deeds
  • SDLT treatment of overage payments
  • Learning from other's mistakes - the caselaw to date

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Details


Hot
Type
Course
Level
Advanced
CPD
3 hours
SRA

Fees


£105.00
Package Price
Click here for details

£240.00
Non Member

(Excluding VAT)

Speakers


Hannah MackinlayDetails

Brochure


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