The term “overage” is generally used to describe the situation where a seller is to share in any increase in value in a property that is realised after the property has been sold. It is an incredibly high-risk area of law that requires specialist knowledge. The reason for this is that in creating a contractual framework for securing a future sum of money to be paid, a developer will try and find loopholes in the terms of the drafting to avoid such a payment ever becoming triggered.

Key considerations include:-

  • What is the length of the overage period?
  • What is the trigger for an overage payment to be made?
  • How will an overage payment be calculated?
  • How will the overage be protected?

Our team is vastly experienced in dealing with overage, so if you are wishing to impose an overage obligation on the sale of your land or are acquiring a piece of land that is subject to overage, then please get in contact.

Meet the Property team

Zoe Baxter

Helen Bazely

Hayley Butler

Chris Darke

Rodney Edwards

Neil Henson

Anjum Khaliq

Sharron Lewis

Kruti Pandya

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