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Renewal v Lowry [2010] EWHC 2902 (Ch)

DATE: 13 Oct 2010

Overage provisions in a transfer provided for the calculation and payment of overage on the sale of the last house on a development.  In an attempt to escape from any liability to pay the overage the developer failed to sell the last houses.  Anthony Elleray QC (sitting as a Deputy Judge of the High Court) held that a term should be implied requiring the developer to complete and sell the houses as soon as reasonably practicable.