advising landowners on commercial reality and deal structures

We are experienced in structuring agreements between landowners, funders, developers and other stakeholders who may be relevant to the delivery of land for development. Such agreements are commonly referred to as Landowner Collaboraton Agreements, Option Agreements, Promotion Agreements, Hybrid Agreements, and Subject to Planning Agreements. 

Our role is often in bringing together multiple landowners through well-rehearsed protocols dealing with fairness and recognising the strengths of parties to an agreement that needs to stand the test of time. We carry out land assembly and landowner agreements from the perspective of fairness and commercial reality and are usually successful. This is common in edge of town or central commercial areas where an assembly is essential to make a viable project. 

Our experience in this sometimes complicated and exacting exercise is based on many years of dealing with factionalised land interests where personal and money-making demands are apparently extreme. Not always can there be a resolution: but when the genuineness of the whole project is explained and understood and most importantly can be seen to be set into a contractual position that is clear and unambiguous, then most positions can be settled. 

It is often the case that the significant levels of funding and risk involved in promoting land through the planning system are beyond a landowners ability. At this stage our relationships with the developer and promoter markets become invaluable, as knowing who is active, appropriately funded, honest in their stated intentions, and competent, is critical to the success of a project. 

Having established the most appropriate development partner and formulated a deal, we work with well established lawyers to secure legal tightness and accountants to ensure tax efficiency.