Overage disputes
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Contact our teamOverage disputes occur when there is disagreement over additional payments due when property value increases, typically due to development or planning permissions.
Moore Barlow’s solicitors provide expert advice and representation in overage disputes, assisting with resolving conflicts that arise from overage arrangements.
Our approach includes thorough analysis of property agreements, clear communication with all parties, and strategic negotiation to achieve fair and equitable solutions. If disputes escalate, we are prepared to represent you in mediation or litigation to protect your financial interests. Trust Moore Barlow to handle your overage disputes with professionalism and expertise, ensuring that your property investments are safeguarded.
What are overage disputes?
Overage disputes arise when there is disagreement over additional payments due when the value of a property increases, typically due to development or planning permissions. These disputes often require legal clarification of overage agreements to ensure fair compensation.
Why are overage agreements used?
Overage agreements are used to allow a seller to benefit from future increases in the value of land or property after its sale, typically due to development or planning permission. They ensure that if the buyer profits beyond a certain level, the seller receives an additional payment, sharing in the uplifted value.
What problems do overages have?
Overage agreements can present several problems, including disputes over the calculation of payments, unclear or overly complex terms, and disagreements about when overage is triggered. Enforcing the agreement can be challenging, especially if it wasn’t properly drafted or registered. Additionally, changes in market conditions or development plans can lead to unexpected issues.
How we can help
Moore Barlow provides expert legal advice on resolving overage disputes, ensuring your financial interests are protected. Our team specialises in analysing overage agreements, and negotiating fair resolutions. Whether you’re a landowner or developer, we guide you through the complexities of overage clauses and help resolve disputes efficiently, minimising financial risks.
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Who we can help
Our services cater to landowners, developers, and investors involved in overage agreements. Whether you’re facing disputes over payment triggers, calculation methods, or timing of payments, we offer the legal expertise needed to resolve these issues. We focus on protecting your rights and ensuring that overage obligations are met as agreed.
Contact us
If you are dealing with an overage dispute or need advice on managing overage agreements, Moore Barlow is here to assist. Our experienced solicitors can help you navigate these complex issues, ensuring your interests are safeguarded. Contact us to discuss how we can support you with your overage dispute.
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Frequently asked questions – Overage disputes
Are overage clauses enforceable?
Yes, overage clauses are enforceable, provided they are clearly defined and properly drafted in the agreement. The clause must specify the conditions under which overage payments are triggered, the method for calculating the payment, and the timeframe for enforcement. Legal advice is often recommended to ensure enforceability.
Can an overage clause be removed?
An overage clause can be removed, but it requires mutual agreement between the parties involved. This usually involves renegotiating the terms of the contract, and the removal may require compensation or other concessions. Legal advice is recommended to ensure the removal is properly documented and legally binding.
What is the time limit for overage clause?
The time limit for an overage clause, often referred to as the “overage period,” is typically specified in the agreement and can vary depending on the terms negotiated. It usually ranges from a few years to several decades. The clause will outline the exact duration during which the overage payment conditions apply.
How to protect an overage agreement
To protect an overage agreement, ensure it is clearly drafted with precise terms, including payment triggers and calculation methods. Register the agreement as a legal charge against the property to secure the overage rights. Regularly review the agreement to address any potential changes in circumstances. Legal advice is essential to ensure the agreement is enforceable and adequately protects your interests.
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