Overage for Conveyancers - The Complexities Uncovered

Introduction

‘Overage’, which is also sometimes called ‘clawback’, is a means whereby land can be sold off at a particular price reflecting its current worth but with an uplift if the land becomes significantly more valuable in the future - for instance (and most commonly) in the case of obtaining of a planning approval or the removal of some other constraint such as a restrictive covenant.

It can be a highly technical part of the conveyancing process and indeed sometimes more complex than its underlying transaction, and can give rise to a significant number of issues which need to be considered carefully. The intention of this webinar is to look at what overage is, how it is created legally, and how it is protected. Further, the course will look at implementation, taxation, and pitfalls.

What You Will Learn

This webinar will cover the following:

• What is overage and why is it used?
• The Land Registry approach to overage and protection of overage
• Exercise of overage
• Keeping tabs - change of address, death or disability of beneficiaries, land registry alert service
• Tax implications - CGT/SDLT/IHT
• Commercial aspects in a transaction
• Legal fees and surveyors’ fees
• Pitfalls and use of precedents
• Alternatives to overage-restrictive covenants, ransom strips

This pre-recorded webinar will be available to view from Tuesday 29th July 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.