Commentary

16–20 Sale of agricultural land for development

AGRICULTURE vol 2(2)
| Commentary

16–20 Sale of agricultural land for development

| Commentary

16–20    Sale of agricultural land for development

The development of greenfield sites continues in spite of attempts to encourage brownfield development. Given the vast difference in value between agricultural land without planning permission and agricultural land with planning permission for residential or commercial development, the practice has developed amongst many sellers of selling land subject to a ‘development claw-back’ or 'overage' clause. The purpose of such a clause is to provide the seller or his successors in title with a right to share in the increased value of the agricultural land as and when planning permission is obtained. The simplicity of

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