Uplift Clause Wording... Actual Meaning

Chris7575

Hi


I am in the process of purchasing a property which is subject to an uplift clause should planning permission be obtained. The wording of the clause is bad and unclear, unfortunately I am not an English Grammar Graduate so would appreciate opinion from solictors / English Grammar specialists on the actual meaning of the following sentence:


"A Trigger Event means the grant of planning permission for any development both upon the adjoining or neighbouring property and upon the property or any part thereof"


My question is this:


Does the wording of the above mean that for the "trigger event" to occur planning permission must be obtained to develop:


a) Both plots of land


or


b) Either plots of land.


i.e. should planning permission be obtained on the neighbouring property, but not on the property we intend to buy, would this constitute a "trigger event".


The issue is that if this is the case, we are not in control of the events leading to the trigger of the uplift clause!!


Many thanks in advance for any assistance

harrys_dad

You really need to get your solicitor to sort this out.I have my view of what it means ("both") but it may end up being tested in court if money is involved.

G_M

Like Harry dad I have an opinion. Bu it is a court's opinion that matters, not mine, and the wording, as you say, is bad.

Unless there is something elsewhere that provides context, and thus indicates the intention of the clause.

eddddy

Is it your vendor's solicitor that has drawn this agreement up (as opposed to a prior vendor)? If so, ask for it to be reworded more clearly before you sign.


On a more general level, "uplift" normally relates to an increase in value in the property. Would the property you are buying increase in value if the neighbouring property got PP? If not, it may be academic anyway. But it's best to get it clarified.

getmore4less

There must be more than just that clause.

Is it first single application or all future planning.
How much of the uplift do you give up.
How do you determine values before and after
How do you account for costs
...


For the single event you get planning for something that will not increase the value(like a new fence), trigger the clause and then go fo the propper planning later...

davidmcn

I would have worded it differently, but I think it's clear enough that the planning permission has to be both upon the neighbouring property and this property. However, that still means you're not in control, as there's nothing stopping the neighbours from applying for a consent which includes your property.

Is this an existing agreement or a proposed draft for a new one?

AndyT678

Chris7575 wrote: »

"A Trigger Event means the grant of planning permission for any development both upon the adjoining or neighbouring property and upon the property or any part thereof"

I agree with the previous post - I think it means both.

The mathematician in me wants to put some brackets in there too...

A Trigger Event means the grant of planning permission for any development both upon (Place A) and (Place .

Place A = next door
Place B = your gaff

marlot

I read it as planning permission on either. But can see how it could be read the other way too.

TBagpuss

I rather suspect that they *intended* it to apply if permission was for either the land or the neighbouring land, but I think on a strict reading of that particular paragraph, it means both.
However, it would have to be read in the context of the document as a whole