Whether you are a landowner looking to maximise the potential of your existing site or a developer seeking to acquire a site, we can advise you in connection with:-
- Rights of pre-emption (the right of first refusal in the event of the landowner opting to sell)
- Options (the right to acquire the land when you opt to do so)
- Overage (also referred to claw back, this allows the landowner to share in the enhanced value of the property as a result of development)
- Conditional contracts (conditional for example upon obtaining the grant of planning permissions).
- Agreements regulating the relationship between landowner and developer. The precise terms of any development agreement will vary depending on circumstances but typically they are structured so that the developer receives an initial fixed fee payable by instalments as the development progresses. The developer then receives a further payment based upon a minor share of any development profit.
Following the acquisition of the site we can also assist you in the creation of an appropriate freehold or leasehold scheme and plot sales.
Whatever the size of the site, consideration will need to be given as to whether the planning consent is appropriate for the proposed use, environmental issues as to the use and condition of the site and the need to examine carefully any restrictions contained in the title deeds.
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Solicitor Katie Hughes Specialist Commercial Lawyer offers some guidance.