Property Acquisition and Development
Experts in Property Acquisition and Development Disputes
Stamford Legal’s Property Litigation department have experienced and dedicated solicitors who specialise in Property Acquisition and Development disputes as well as advising on strategies to avoid those disputes.
Strategic Advice for Developers and Landowners Across Sectors
Our Property Litigation solicitors have experience in advising developers and landowners in the residential, commercial, mixed use and industrial sectors. From advising on potential issues pre acquisition, to developing site clearance strategies and setting up first refusal avoidance strategies to dealing with onsite disputes arising from neighbourly issues as well as disputes arising from the various agreements associated with bringing a site forward for development and eventual development.
Comprehensive Support Throughout Property Acquisition and Development
Our goal is to provide our clients with comprehensive legal advice and support from issues arising on site acquisition and development, ensuring that their rights are protected and their interests are represented.
We offer the following services:
Breach of Contract on Sale/Purchases of land
Overage Agreement Disputes
Corporate reorganisations
Option Agreement Disputes
Pre-emption Agreement Disputes
Promotion Agreement Disputes
Right of First Refusal Avoidance Strategies
Joint Venture disputes
Overage Agreement Disputes
Vacant Possession/Site Clearance Strategies
Telecommunications Claims
Restrictive Covenant disputes
Rights of Way disputes
Rights of Light dispute
Party Wall Act disputes
Crane over sailing disputes
Scaffolding disputes
Ransom Strips
Trespass Claims
Nuisance Claims
Injunctions
Frequently Asked Questions
When a term in a contract is subject to a deadline and “time is of the essence”, a failure to meet that deadline in the contract will result in the innocent party being in a position to accept that breach as a “repudiatory breach” and terminate the contract as a result.
Under contracts for the sale and purchase of land, the date set for “completion” of the sale is often expressed to not have “time of the essence”. This means that even if the seller or the purchase fails to “complete” on the agreed date in the sale contract, that breach does not entitle the innocent party to terminate the contract as a result. The innocent party can serve a “notice to complete” which has the effect of making “time of the essence”. A failure to meet the new deadline for completion (e.g. 10 working days after the notice is given) will result in the innocent party being in a position to accept the failure to “complete” as a “repudiatory breach” and terminate the contract as a result.
A Light Obstruction Notice is a Local Land Charge created by the Rights of Light Act 1959. It is registered in part 11 of the Local Land Charges Register, and is used to prevent the acquisition of prescriptive rights of light.
If a Light Obstruction Notice is served upon windows which can be proven to have legal rights of light, the Notice can be challenged within 12 months and, if successful, the Notice must be withdrawn.
A Land Promotion Agreement is used where a developer/land promoter agrees to apply for planning permission (at its own cost) for a development on land which is owned by a third party. The land is then marketed for sale on the open market once planning permission has been granted. From the gross sale proceeds the developer/land promoter’s costs are reimbursed and then from the net sale proceeds, they are paid a percentage. If no permission is granted, the Land Promotion Agreement ends and the developer/land promoter’s costs are not recoverable.
A Pre Emption Agreement gives a prospective buyer the right (for a period of time) to be offered (on the happening of a defined trigger event) the chance to buy land before the landowner offers it to anyone else. A right of pre-emption is also called a right of first refusal because it requires the landowner to give first refusal to the owner of the pre-emption right.
A Conditional Contract is a binding contract for the sale and purchase of land which is subject to satisfaction of one or more “conditions precedent” (the entire contract may be subject to the “condition precedent” or some of the provisions in the contract may be subject to the “condition precedent”).
Once the condition precedent is met, the contract for the sale and purchase of the property will become unconditional and the sale will proceed on the terms set out in the contract. If the condition precedent not met by a pre-agreed long-stop date, the contract will terminate automatically or may be terminated by one or both of the parties.
A Call Option also known as a “Take Option” allows a developer to call on a landowner to sell a property to it at a price set by the Option Agreement. The Call Option may be exercisable at any time during the option period or only on the occurrence of certain events (such as the obtaining planning consent). The decision whether or not to exercise the Call Option rests with the developer.
A Put Option enables a landowner to give notice requiring the developer to buy the property at a price set by the Option Agreement. The landowner may be able to give notice at any time during the option period or only when certain conditions precedent have been met. The decision whether or not to exercise the Put Option rests with the landowner.
An Option Agreement is a binding contract where a landowner grants a developer a Call Option to buy land and/or the developer grants the landowner a Put Option over all or part of the land. The Option Agreement records the terms of the options, including the option period, condition precedents and details of how the purchase price is calculated.
A Joint Venture is the term used to describe a commercial arrangement between two or more economically independent entities that can take a number of legal forms for the purpose of executing a particular business undertaking. Some partnering arrangements could take the form of a joint venture. For example, a construction consortium may be a joint venture. However, the parties to a joint venture often do not follow partnering or collaborative behaviours.
An overage obligation requires the purchaser of land to make a payment to the landowner who sold them the land if an agreed trigger event occurs within a certain period following completion of the purchase. The overage payment is in addition to the original purchase price. Overage enable the landowner to sell the land at market value (based on its current us) without having to forgo a share in the development potential of the property if and when the land is developed out.
An Overage Agreement is a binding contract entered into between the seller and the purchaser of land which records the terms upon which the buyer agrees to make a further payment to the landowner who sold them the land if an agreed trigger event occurs within a certain period following completion of the purchase.
Development Agreements regulate the relationship between property developers, funding institutions and where applicable property owners and tenants. There are various types of development agreement. The choice of which type to use depends in each case on the nature and complexity of the particular transaction.
An Oversailing Licence is also known as a “Crane Oversailing Licence”, is an agreement between the entity operating the crane and the adjoining land owner(s)/occupier(s) which enables the crane jib (and sometimes its counterweight) to swings beyond the boundaries of the development site into airspace belonging to the adjoining owner(s)/occupier(s). The Oversailing Licence sets out the duration, the fee payable and the other provisions of the licence.
A Scaffolding Licence is an agreement between the entity carrying out works on the scaffolding and the adjoining land owner(s)/occupier(s) which allows scaffolding to be erected and retained on the adjoining land to enable works to be carried out to the property being developed. The Scaffolding Licence sets out the duration, the fee payable and the other provisions of the licence.
A Party Wall Award is the name given to the document which the Party Wall Surveyors – appointed by the “Building Owner” being the owner of the land who intends carrying out works (which are caught by the Party Wall etc. Act 1996) and the “Adjoining Owner” being the owner of the land adjacent to the Building Owner’s land which is affected by the intended works and often a Third Surveyor(appointed by the two surveyors where they cannot agree) which details how and in what way the works which the Building Owner wishes to carry out, are to be carried out and what sums are to be paid to the Adjoining Owner (if any) in respect of those works.