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Sorry, but to give good advice we will need more information than you have given.

 

What is this matter about? (I am assuming it relates to a property sale).

 

EDIT - reading your previous posts - has an overage clause been assigned and are you asking if that assignment was legitimate?

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el bandito, this has nothing to do with previous posts....

 

i sold a house and land 3 years ago with a 40% overage clause. planning permission is now looking good for 20+ houses. clause is value of site with pp less the value of the land and 1 dwelling (as it is now).

 

i am looking to raise some cash in the near future so i may have to offer some security, i was therefore looking to assign my interest in the overage.

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i have just been advised that my overage has not been protected i.e by a restriction or a charge. my solicitor prior to exchange of contracts agreed between themselves that the overage would be protected by a restriction. sadly the restriction did not make it into the contract........

 

what does/can my solicitor do to rectify the situation?

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any legal experts out there?

 

my solicitor has cocked up protecting an overage clause on land i sold. there is only a personal covenant in the transfer. the owner has yet to apply for planning but will do in the future. as of yet i have suffered no loss but i could in the future if the owner sells up to a new owner and they apply for pp etc. how can i protect myself for future losses?

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