Development and house building event: Overage – Why, why not, what to think about and how it can go wrong!
The creation of an overage arrangement providing for payment to former owners of land long after they sell it is a notoriously complex area of law. There is no fixed template, no specific statutory regulation.
This seminar is designed to provide practical advice and guidance on the various ways in which the legal arrangements for overage are constructed and areas of concern for landowners, developers and funders and to illustrate, through a review of some recent cases, how disputes over the meaning and effect of overage provisions can arise and how such disputes can be avoided in the future.
Speakers will be:
- William Webster
(Counsel of 3PB Barristers which has Chambers in London, Bournemouth, Birmingham, Bristol, Oxford and Winchester.)
William Webster’s practice comprises advice on land, property and planning issues in both the public and private sectors. Areas of expertise include, as well as main stream property and planning disputes, highways, town and village greens, “fracking”, and assets of community value.
William (along with Robert Weatherley, also of 3PB) has published “Restrictions on the Use of Land” which includes sections on easements, village greens, public rights of way, restrictive covenants, assets of community value, and a substantial section dealing with elements of planning law.
“A feisty and forceful advocate.”
Legal 500 UK 2017/ Construction, planning and environment – Western Circuit
“A careful lawyer and an effective advocate.”
Legal 500 UK 2016 – Construction, planning and environment – Western Circuit
- Derek Ching
(Partner, Boyes Turner’s Development and house building team)
Derek has advised developers, landowners and funders on overage arrangements throughout his career. He is regularly involved in the drafting and negotiation of overage agreements and can draw on experience of transactions affecting the NHS and Local Government, landed estates, charities and Church bodies to anticipate the requirements of most owners seeking to benefit from overage.
Acting on behalf of developers he regularly encounters a range of demands for overage and is required to negotiate structures which provide clarity, satisfy the landowners concerns yet ensure that nothing happens which will impede a successful development and the onward sale or lease of the newly built properties, as well as keep the banks happy that their security is not impaired.
‘Clear advice and has a workmanlike approach’.
The Legal 500 2017, Real Estate – South East
click here to book a place
For more information, please contact Derek Ching