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Course Development Land: Overage and Clawback


There has been much litigation in recent years over overage provisions. Often the solicitors are blamed for bad drafting or not anticipating other interpretations or events. Dealing with overage successfully can be demanding but rewarding work, requiring commerciality, creativity and attention to detail - plus considering potential avoidance mechanisms.

This course will provide practical guidance to help you manage client expectations and give guidance on the issues to consider when drafting. The topics covered include:

  • Managing the client's expectations
  • Types of overage situation: surplus company land, agricultural sale off, public body sales, 'unlikely but possible'
  • Methods of securing payment
  • Charges, restrictions, ransoms, restrictive covenants and leases
  • Pros and cons of each method
  • Trigger events and avoidance techniques: Planning, construction, sale, use, etc. and getting the wording right
  • Duration and discharge or assignment
  • How many bites of the cherry?
  • 'No disposal' situations
  • Changes in control
  • Disposals of part
  • Getting the formula right on overage calculations
  • Double counting of deductibles - CIL infrastructure, etc.
  • Thinking the unthinkable and avoiding avoidance
  • Good faith provisions
  • Buyer's obligations
  • Pre-emption rights
  • Lender issues - postponement of liens and priorities
  • Intercreditor deeds
  • SDLT treatment of overage payments
  • Learning from others' mistakes - the caselaw to date

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3 hours


Package Price
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Non Member

(Excluding VAT)


Hannah MackinlayDetails


Great course, presenter was very knowledgeable and gave practical advice. Would definately look to attend another one of Hannah's courses




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