Download e-book for iPad: Commercial property. 2013 by Anne Rodell; College of Law (England and Wales)

By Anne Rodell; College of Law (England and Wales)

ISBN-10: 1909176214

ISBN-13: 9781909176218

ISBN-10: 1909176338

ISBN-13: 9781909176331

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Extra resources for Commercial property. 2013

Example text

If the buyer has agreed to pay all or part of the seller’s legal and other expenses in connection with the sale, the contract should so provide. Express provision should be made, where appropriate, for the grant and reservation of easements and the imposition of covenants. If the seller is retaining some adjoining or neighbouring land, he will be anxious to retain some control over the future development of the property. Where the property already has the benefit of planning permission obtained by the seller, the benefit of that permission will automatically pass to the buyer, since planning permission enures for the benefit of the land concerned (unless it states otherwise).

Again, the buyer should be obliged by the contract to submit a valid planning application without delay, to serve the correct statutory notices, and to pay the fees for the application. Consideration ought to be given as to whether provision should be made so that, upon refusal of permission (which ordinarily would render the contract unenforceable), the buyer may be allowed or, perhaps, obliged to pursue an appeal. Particular consideration must be given to the definition of an ‘acceptable’ planning permission.

1 Share capital Where the buyer is a company, it may consider issuing further shares to raise additional capital to invest in property. This method of raising funds may not be popular with the current shareholders of the company. Depending on the method used, a new issue of shares may result in reduced dividends as a current shareholder’s percentage shareholding may be diluted, which will also affect voting power and capital rights. Further, if the company is a publicly listed company there will be additional regulations to consider before any such fundraising may be considered.

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Commercial property. 2013 by Anne Rodell; College of Law (England and Wales)


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