Development Land Overage and Clawback Book

"Development Land Overage and Clawback" is the authoritative explanation of this evolving area of property practice, used increasingly by landowners, commercial companies and govemment 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, and 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, the likely impact of the proposed planning gain supplement as well as the growing body of case-law 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.