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Fill in the gaps in the overage puzzle

By: Contributor(s): Series: Estates Gazette ; (0325) 21 June 2003, 138-139(2)Publication details: 2003Subject(s): Online resources: Summary: Looks at overage payments as a method of obtaining maximum financial benefit from disposing of a piece of land. Restrictive covenants, seller's lien, guarantees, bonds, rights of re-entry, mortgages, land charges, leases with an option to buy the reversion and restrictions are all mechanisms which can be put into place as security for overage payments. Reviews the LT ruling in "Withinlee" (LP/7/2001) which illustrates the risk that a restrictive covenant used as security may be challenged under the Law of Property Act 1925 s84.

Looks at overage payments as a method of obtaining maximum financial benefit from disposing of a piece of land. Restrictive covenants, seller's lien, guarantees, bonds, rights of re-entry, mortgages, land charges, leases with an option to buy the reversion and restrictions are all mechanisms which can be put into place as security for overage payments. Reviews the LT ruling in "Withinlee" (LP/7/2001) which illustrates the risk that a restrictive covenant used as security may be challenged under the Law of Property Act 1925 s84.