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Deed Of Overage Template for Pakistan

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Key Requirements PROMPT example:

Deed Of Overage

"I need a Deed of Overage for a 5-acre commercial plot in Lahore, with overage payments triggered by any planning permission obtained before March 2025 that allows retail development, with the seller to receive 25% of any value increase."

Document background
A Deed of Overage is essential in Pakistani property transactions where there's potential for future value enhancement through development or change of use. This document type is particularly relevant in scenarios where land or property is sold but the seller wishes to retain a right to share in any future increase in value, typically triggered by planning permission or development. The Deed of Overage operates within Pakistan's legal framework, particularly under property and contract law, and must comply with local registration requirements. It includes detailed provisions for calculating additional payments, defining trigger events, and establishing payment mechanisms. The document is commonly used in both urban and rural development contexts, especially in areas with high development potential or where zoning changes are anticipated.
Suggested Sections

1. Parties: Identification of the seller (overage beneficiary) and buyer (overage payor), including full legal names and addresses

2. Background: Context of the transaction, reference to the main property sale, and purpose of the overage arrangement

3. Definitions: Key terms including 'Overage Period', 'Trigger Event', 'Enhanced Value', 'Overage Payment', and other relevant definitions

4. Interpretation: Rules for interpreting the deed, including references to legislation and calculation methods

5. Duration: Specification of the overage period and when the obligations terminate

6. Trigger Events: Detailed description of events that will trigger overage payments

7. Calculation of Overage: Formula and methodology for calculating overage payments

8. Payment Provisions: Timing, method, and process for making overage payments

9. Buyer's Covenants: Obligations of the buyer including information provision and restrictions

10. Security Provisions: Mechanisms to secure the overage payments

11. Notices: Process and requirements for serving notices under the deed

12. Assignment: Rights and restrictions regarding transfer of rights under the deed

13. Governing Law and Jurisdiction: Confirmation of Pakistani law and jurisdiction

Optional Sections

1. Third Party Rights: Include when there are specific third parties who may have rights under the deed

2. Step-in Rights: Include when there are lenders or other parties who may need to take over the buyer's position

3. Dispute Resolution: Include when parties want specific arbitration or mediation procedures

4. Anti-avoidance Provisions: Include when there are specific concerns about potential circumvention of overage obligations

5. Planning Obligations: Include when overage is specifically linked to planning permissions

6. Confidentiality: Include when parties want specific confidentiality provisions beyond standard obligations

Suggested Schedules

1. Property Description: Detailed description of the property including title information and plans

2. Trigger Event Specifications: Detailed criteria and examples of what constitutes a trigger event

3. Calculation Formula: Detailed methodology and examples of overage calculations

4. Form of Notice: Template for notices required under the deed

5. Excluded Events: List of events that explicitly do not trigger overage payments

6. Base Value Determination: Details of the initial property value and valuation method

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Relevant Industries

Real Estate

Property Development

Construction

Urban Planning

Commercial Property

Residential Development

Land Development

Infrastructure Development

Mixed-use Development

Relevant Teams

Legal

Real Estate

Property Development

Planning

Finance

Risk Management

Commercial

Acquisitions

Project Management

Compliance

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Land Acquisition Manager

Planning Officer

Development Director

Commercial Property Manager

Real Estate Investment Manager

Property Lawyer

Urban Planning Consultant

Project Manager

Risk Manager

Financial Controller

Chief Development Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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