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Vol 24 No 12 Dec 19/Jan 20

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Merkin and Flannery on the Arbitration Act 1996

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Development Land Overage and Clawback 2nd ed

ISBN13: 9781846610554
Previous Edition ISBN: 0853086699
Published: February 2007
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £131.99

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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.

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

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
•Family division
Precedents and Drafting
•Promise to pay and positive covenant
•Restrictive covenant
•Excess payment on sale
•General Form.