Property

Property Development including Overage disputes

Barristers in our property group at Landmark Chambers are renowned for their expertise in litigation relating to property developments. They are often assisted by being able to draw upon cross-disciplinary expertise in other areas of law in which Chambers specialises (especially planning law and public law).

Overview

At the stage of site acquisition, we act in cases concerning conditional contracts, pre-emption agreements and options, as well as strategic issues such as the overcoming of impediments to development and site assembly.

Our members were heavily engaged in the litigation in which supermarkets sought to avoid contracts to purchase out-of-town sites. And, following the rise in interest rates during 2023, our members acted in many cases in which developers sought to avoid contracts to buy development sites at (what they considered to be) a price exceeding market value.

We help developers design developments so as to avoid private law impediments to developments, or provide strategies to overcome them, and we are recognised as a leading Chambers for litigation concerning whether developments have infringed third party rights, such as rights of light and restrictive covenants.

We often represent clients in cases about the division of development profits, including cases about the interpretation and effect of overage provisions.