Positive overage covenant with restriction: turn overage (overage payable on disposal) | Practical Law

Positive overage covenant with restriction: turn overage (overage payable on disposal) | Practical Law

A standard document enabling a seller to take a share of any uplift if the buyer sells (or "turns") the property for a higher price within an agreed overage period without necessarily improving the planning position or selling a completed development. This type of overage is often referred to "turn overage" or "anti-embarrassment overage". Provision is made for a restriction to be entered against the buyer's title and for the creation of a chain of deeds of covenant with the buyer's successors in title.

Positive overage covenant with restriction: turn overage (overage payable on disposal)

Practical Law UK Standard Document 1-595-3045 (Approx. 53 pages)

Positive overage covenant with restriction: turn overage (overage payable on disposal)

Maintained, England, Wales
A standard document enabling a seller to take a share of any uplift if the buyer sells (or "turns") the property for a higher price within an agreed overage period without necessarily improving the planning position or selling a completed development. This type of overage is often referred to "turn overage" or "anti-embarrassment overage". Provision is made for a restriction to be entered against the buyer's title and for the creation of a chain of deeds of covenant with the buyer's successors in title.
The document has been drafted as a standalone overage deed to be entered into on completion of a sale of a property. The operative provisions may also be adapted for use in a schedule to a transfer or a contract for sale.
NOTE: Overage provisions must always be drafted and adapted to fit the particular circumstances and terms of the transaction. The standard document should be amended and modified accordingly. This standard document and its integrated drafting notes highlight issues that commonly arise and should be taken into consideration. However, it is likely that there will also be other factors arising out of the particular transaction that must be taken into account.