Key learning outcomes

  • Understand the challenges of overage and clawback
  • Robustly and effectively draft overage provisions
  • How to correctly calculate overage payments and stamp duty tax liability

This course provides practical guidance to help you manage client expectations, and highlights the pitfalls, and issues you need to consider when drafting, including:

  • Managing client expectations
  • Types of overage situation, including surplus company land, agricultural sale off, and public body sales
  • Methods of securing payment
  • Charges, restrictions, ransoms, restrictive covenants, leases; and the pros and cons of each method
  • Trigger events and avoidance techniques such as planning, construction, sale, and use
  • Drafting clauses effectively
  • Duration, 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: Community Infrastructure Levy (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
  • Stamp Duty Land Tax (SDLT) liability of overage payments
  • Learning from others' mistakes: latest case law
Hannah Mackinlay

Hannah Mackinlay

Details and courses

A concise coverage of a technical area of law which is fraught with pitfalls in a short amount o ftime - very useful

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

Very useful. Made me think outside the box.

Thorough and informative.

Interesting presentation with examples and anecdotes etc to give context to issues discussed. 

Hannah is a very knowledgeable speaker.

Available dates (2)
Tue 21 Apr 2020 - 2:00PM Manchester Members save up to 50% off training£255
Tue 9 Jun 2020 - 2:00PM London £255
Purchase course documentation
Course Notes - Development Land: Overage and Clawback £60

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