Real Estate Disputes - Development Agreement and Overage Claims

The team has acted on a range of disputes relating to development agreement and overage claims including:

  •  Acting for a London borough in three related court actions including a trust action brought against them by trustees concerning the retention of funds paid as a s106 contribution to infrastructure improvement works;
  • Advising a government department on various aspects of a major infra-structure project including complex compulsory purchase issues (Crichel Down rules), rights of support issues in the redevelopment of a London station and vacant possession issues relating to the regeneration of land;
  • Acting for a public landowner in relation to a multi-million pound redevelopment near Regents Park including drafting the vacant possession provisions of the agreement for lease and designing and implementing a strategy for obtaining vacant possession of various blocks occupied by businesses, students and hotel staff;
  • Reviewing the development and overage agreements entered into by a residential care home developer in financial difficulty and terminating conditional agreements in order to minimise ongoing liability.  Acting in conjunction with the lending bank; and
  • Acting for a City Council in on a major construction project involving the building of 2 footbridges over the River Thames.  Obtaining vacant possession of the riverbank from various users including facilitating the relocation of a permanently moored river boat.  This project involved a number of unusual legal issues involving ownership of the river bank.

Contact the team that helped on this case:

+44 (0)20 7814 1200

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