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Vol 25 No 1 Jan/Feb 2020

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Development Land Overage and Clawback 2nd ed isbn 9781846610554

Development Land Overage and Clawback

ISBN13: 9780853086697
ISBN: 0853086699
New Edition ISBN: 9781846610554
Published: February 2001
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print

Out Of Print
An explanation of an evolving area of property practice used increasingly in recent years by private landowners, commercial companies and government departments. Overage, or clawback, can be used to ensure that a landowner selling land can share in every subsequent increase in its development value.

Various methods may be employed to achieve this objective, and all have their potential drawbacks as well as benefits. Christopher Jessel explains each in detail, analyzing its appropriateness to the owner's and purchaser's objectives and circumstances and offering solutions to practical problems.

For each method he explains how to ascertain the ""trigger"" event for payment, how to calculate the amount of any payment and how to enforce payment obligations. There is an extensive chapter on drafting, presenting numerous models for property draftsmen.

Property Law
Purpose and origins
promise to pay and assignment
positive covenants
restrictive covenants
mortgages and charges
landlord and tenant
government clawback and tax
negotiation and drafting
the future
worked examples
precedents and draftings.