Our Acting for Landowners Service
If you own land that has potential for development, our expert team can help you. Our renowned and award-winning real estate team is one of the largest commercial property teams in the North West and is consistently ranked as a Tier 1 Department by the Legal 500.
Our commercial property solicitors believe that development projects are team efforts, both internally within our real estate team and, more importantly, with our clients.
Our commercial property lawyers understand that your prime concern will be to maximise the value of your land whilst minimising the risk of a developer taking advantage of you and this drives our approach from the outset.
Our team of property development solicitors can assist you with the sale of land for any scale of development, whether that is residential development or commercial development.
This could range from a homeowner selling part of their garden for the construction of a single house through to clients with large landholdings often within the agricultural sector, who sell land for large-scale housing developments or industrial units.
As expert commercial property team, we do not just act for private clients in this sector, we also act for businesses who own land which has potential for development.
This might include the sale and redevelopment of existing commercial buildings that might have scope for redevelopment for example old mill buildings or commercial sites which will be demolished to make way for new industrial or office developments.
Myerson Property Portal
With the Myerson Property Portal, you gain a competitive edge in the rapidly evolving property landscape.
Our free portal will help you manage your properties with ease and efficiency by providing a seamless service wherever you are.
Not just a management tool, it's an essential companion for the modern investor seeking to optimise their portfolio while staying updated on the latest in the property world.
So, what are the benefits?
- Your own client area, giving you access to all your legal documents, conveniently accessible anytime, anywhere!
- Key legal information at your fingertips.
- Must read property news, blogs and videos.
- Access to free property events and training workshops.
- A comprehensive collection of helpful property documents and guides.
Why Work With Us?
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- Property investors and professionals can access our free and informative Property Portal.
- You will have access to more than 30 property experts across the Myerson Property Group, including commercial property, property litigation, construction, residential property conveyancing and development.
- You will receive city-quality commercial property legal advice at regional prices.
- We provide a partner-led service to ensure you receive the very best legal advice and commercially-minded support.
- We have a large team which is capable of meeting your deadlines.
- We understand that each transaction is bespoke to your individual circumstances and that you need support from a property lawyer who is experienced in dealing with a wide variety of clients and types of work.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing excellent client service.
- We were the winners of ‘Property Team of the Year 2021’ at the Manchester Legal Awards.
- We provide free newsletters and webinars to all our clients to keep you up to date with the real estate sector and changes in the law. Watch our latest property update webinar here.
- Take a look at the Myerson Promise for further benefits of working with us here.
Examples of recent transactions
- The sale of land in central Manchester by a large regional children’s charity for a large-scale housing development by a national housebuilder.
- The sale of land in North Lancashire used for part agricultural and part business/industrial use to a national housebuilder.
- The sale of land in Cheshire to facilitate the development of a community sports club.
- The sale of a warehouse business premises in Manchester for development as residential apartments, forming part of a much larger regeneration project in the city centre, including a hotel, offices and public amenities.
- The sale of land owned by a family trust initially used as farmland in North Staffordshire to a national housebuilder.
- Granting an option over part of a large garden in Cheshire to a local housebuilder, which included an obligation on the developer to extend the landowner’s property, upgrade their access and create a new communal driveway.
- Advising on the conditional sale of a garden plot to a first-time developer in a conservation area, including advising on the imposition of additional restrictive covenants to reflect the landowner’s particular views on what would constitute acceptable development.
If I am approached by a developer who is applying pressure on me to sign an agreement now should I sign?
Even if a developer is applying pressure, you should never sign an agreement without first consulting a professional.
Your land is a valuable asset and you should seek professional help before signing any agreement. If you are being pressurised to sign something, please feel free to telephone us and we can provide immediate initial advice to you.
What are heads of terms?
The heads of terms are the main terms agreed in principle between you and the developer before the preparation of the contract. They should set out all the key details relating to the amount of land being sold, the valuation method for that land and the timings for the transaction. They would normally be prepared by a land agent or surveyor.
What is the difference between an option agreement and a conditional contract?
An option agreement is an agreement between you and a developer under which the developer can purchase the property on agreed terms at any time during a specified period. Sometimes the developer will pay a fixed fee to you for entering into the opinion agreement. Under an option agreement, you have no guarantee that the land will be bought by the developer during the option period.
A conditional contract, in contrast, is a contract that is binding on both parties to sell and buy the property provided that certain conditions are satisfied. We often find with the development of property that the key condition will relate to the grant of planning consent for the proposed development. Under a conditional contract, if the conditions are satisfied, then both parties will be bound to sell and buy the property.
If I enter into an option agreement or conditional contract, can I expect the developer to pay an option fee and all my professional costs?
Many landowners are able to agree option fees; however, whether your developer pays an option fee or professional costs will depend on the terms you negotiate in your option agreement or conditional contract.
The terms might compensate you for the restriction on selling your property to any other party during the period of the option agreement and any other restrictions the developer might want to impose on what you can do with the property.
Landowners are often able to negotiate the payment of all or part of their professional costs in dealing with an option agreement or conditional contract and this would be negotiated on your behalf by your land agent or surveyor.
Can you recommend a surveyor or land agent to act on our behalf?
Myerson Solicitors have experience working with many property professionals including specialists in the sale of land which has potential for development; we are more than happy to recommend professional surveyors.
We can make recommendations to you of professionals who might be suitable, so that you can speak to them and decide whether or not you would like to ask them to act on your behalf. The decision as to who you wish to act on your behalf is entirely yours.
Will the developer want access to my land before a contract is exchanged and what would they want to do to it?
It is quite likely that before committing to purchasing land or incurring costs in putting forward a planning application, the developer might wish to carry out ground investigations to ensure that the land is not contaminated and to ensure that the actual land will be suitable for building. Access would normally be granted to the developer in a licence document, which would include restrictions on when the land can be accessed. It would also include obligations on the developer to make good any damage caused during the investigations.
What is overage and clawback?
The terms overage and clawback are used to describe the situation where land is sold by you to a developer for a fixed price, but further payments are made by the developer to you in the event that agreed conditions are satisfied at a later stage.
The most common condition for the trigger of an overage payment is the grant of a planning consent for development of the property. The use of overage allows you to sell the property for an immediate income but with the comfort of knowing that on the future grant of planning consent and development of the land a share of the enhanced value of the land will be passed back to the you. The terms relating to overage agreements can be complex and would include agreement on how to calculate any increase in value and the further payments then due during the overage period as well as how often and in what circumstances a payment will be triggered.
What are restrictive covenants and how might they affect my land?
Restrictive covenants are legal agreements that impose limitations on how a property can be used or developed. They can impact your land by dictating things like architectural styles, land use, appearance, and maintenance standards.
These covenants are meant to maintain consistency and property values within a neighborhood or development. However, they can also restrict your freedom to use the land as you wish and are typically enforced by homeowner associations or property owners.
Does Myerson Solicitors only deal with property in the Altrincham area?
Myerson Solicitors act for landowners all over England and Wales and will be able to assist you no matter where you are within those countries.
Our Commercial Property Team
Home-grown or recruited from national, regional or City firms. Our commercial property solicitors are experts in their fields and respected by their peers.
Joanne is a Partner and Head of our Commercial Property Team
Mark is a Partner in our Commercial Property Team
Leo is a Partner in our Commercial Property Team
Ian is a Legal Director in our Commercial Property Team
Charlotte is a Senior Associate in our Commercial Property Team
Sarah is a Senior Associate in our Commercial Property Team
Emily is a Senior Associate in our Commercial Property Team
Sarah is an Associate in our Commercial Property Team
Sidrah is an Associate in the Commercial Property Team
Donna is a Senior Legal PA in our Commercial Property Team
Jessica is a Legal PA in our Commercial Property Team
Contact Myerson Solicitors
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