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Overly complex?

By: Series: Estates Gazette ; (0347) 22 November 2003, 150-151(2)Publication details: 2003Subject(s): Summary: Defines the term overage with examples. Highlights problems which can occur with overage provisions in the development process with reference to recent case law. "Akasuc Enterprise v Farmar and Shirreff" ([2003] EWHC 1275 (Ch), [2003] PLSCS 127) demonstrates what can happen with poor security arrangements; "Bride Hall Estates Ltd v St George North London Ltd'' ([2003] EWHC 927 (Ch), [2003] PLSCS 105) deals with supplemental agreements whilst "MoD v County and Metropolitan Homes (Rissington) Ltd" ([2002] EWHC 2113 (Ch), [2002] 44 EG 170 (CS)) shows how important it is to keep on top of paperwork. Stresses the importance of clarity in the working of overage provisions.

Defines the term overage with examples. Highlights problems which can occur with overage provisions in the development process with reference to recent case law. "Akasuc Enterprise v Farmar and Shirreff" ([2003] EWHC 1275 (Ch), [2003] PLSCS 127) demonstrates what can happen with poor security arrangements; "Bride Hall Estates Ltd v St George North London Ltd'' ([2003] EWHC 927 (Ch), [2003] PLSCS 105) deals with supplemental agreements whilst "MoD v County and Metropolitan Homes (Rissington) Ltd" ([2002] EWHC 2113 (Ch), [2002] 44 EG 170 (CS)) shows how important it is to keep on top of paperwork. Stresses the importance of clarity in the working of overage provisions.