At Grant Saw Solicitors, our experienced overage agreement solicitors advise landowners, developers and investors across London and the South East. We provide clear, strategic guidance to ensure your overage agreement is robust, enforceable and protects your financial interests.

Overage agreements can be complex and require careful drafting. Our specialist property lawyers support you through every stage of the process, from negotiation to completion.

What is an overage agreement?

An overage agreement (also known as a clawback agreement) is a legal arrangement entered into on the sale of land or property. It allows the seller to receive an additional payment if certain events occur in the future, most commonly if planning permission is granted or the property is subsequently sold at a higher value.

Overage agreements are frequently used where a landowner agrees to sell land at below market value in return for sharing in potential future uplift.

When do overage agreements arise?

Overage provisions often arise in:

  • Development land sales
  • Strategic land transactions
  • Property sold with development potential
  • Situations where future planning permission may enhance value

Because of their long-term impact, these agreements must be carefully structured to avoid ambiguity and future disputes.

How our overage agreement solicitors can help

Our specialist solicitors can assist with:

  • Negotiating fair and commercially sound overage terms
  • Drafting overage agreements tailored to your objectives
  • Defining trigger events (e.g. planning permission, sale, implementation)
  • Advising on overage calculation mechanisms
  • Setting time limits and caps
  • Enforcement provisions and Land Registry protection
  • Resolving disputes arising under overage agreements

We act for both landowners and developers, providing practical advice that reflects your commercial position.

Why Choose Grant Saw Solicitors?

  • We have extensive experience in property and development law
  • We provide clear, practical advice without unnecessary complexity
  • We have a strong understanding of the London and South East development markets
  • Bespoke agreements are designed to minimise risk and maximise value
  • We provide support from negotiation through completion and beyond

Our focus is on protecting your interests while ensuring agreements remain workable and enforceable.

How much does an overage agreement cost?

The cost of drafting or advising on an overage agreement will depend on factors such as:

  • The complexity of the agreement
  • The value of the property or land
  • Negotiation requirements
  • Whether additional advice (e.g. planning or title issues) is required

We are happy to provide a clear estimate once we understand your specific circumstances.

Contact our overage agreement solicitors today

If you are buying or selling land or property and require advice on an overage agreement, our experienced team is here to help. For more information, feel free to email us or contact us on 020 8858 6971.

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