Missing Overage Provision

Rasforte

Hi there,

My partner and I own a plot of land which we bought with our house about 10 years ago. Both of us have a vague memory of there being an overage provision on the plot of land which stated we would have to pay the previous owners some money if we got planning permission on it. We haven't thought about it since because at the time it seemed very unlikely such permission would ever be granted.

However the situation has changed and we are now thinking of building something there, or selling to a developer. We therefore went through the documents from the sale but found no mention of this overage provision. We contacted the solicitor who handled the sale, and he went through the file twice and found no mention of it at all either.

This is a bit strange. Either we misremembered the conversation about this or the records of it have gone missing. We think there was at least a conversation about it, perhaps it was talked about but not written into the contract in the end.

The solicitor was not the most on the ball I've ever come across, but could such a thing as an overage provision really go missing without any trace at all? Would such a provision be recorded anywhere that we could check ourselves independently?

Or should we should just assume we mis-remembered and celebrate?!

Any insights appreciated!

Thanks,

Jim.

da_rule

Normally overage would be recorded in the transfer deed, although could be dealt with separately either in the contract that you exchanged before the purchase, or a separate contract.

You can apply to the Land Registry for a copy of the transfer deed if you don't have a copy.

Rasforte

That's helpful, thanks!