A Henry Stewart Briefing

Selling and Buying Land Subject to Clawback, Option Rights and Overage Payments

Transferring Land and Reserving the Rights of Sellers to Share in Future Increased Value

New Trends and the Latest Developments – Recent case law and its implications for practice

When markets are strong, like now, landowners often want to have their cake AND eat it. They want both to sell at the highest price possible and pass the responsibility, cost and risk of winning planning permission to someone else. Not surprisingly purchasers are less willing to pay for a bird in the hand when it is still in the bush. Enter options, conditional contracts, clawbacks and overage payments, with all their complications and uncertainties as the best, if not ideal, solutions on offer. So if such deals are to be done the challenge is to make them as workable and watertight as possible - with no lacunas, ambiguities and unintended consequences lurking, ready to jump out and bite one or other or both/all of the parties.

This briefing is about conditional contracts, clawback terms, overage payments and options. An expert panel of barrister, conveyancing solicitors, property surveyor and tax consultants cover all the problematic areas and explain how to do the best job possible and get legally enforceable arrangements that deliver what the parties intended.

For all solicitors, surveyors, agents, property owners, charities, government departments and local authorities, developers, funders and investors.

Full documentation will be provided to all delegates and adequate time made available for questions and discussion.

Thursday, 30 March 2006
The Cafe Royal, London WC1