Development Acquisition and Funding

Complex acquisition and development of a back garden residential development site in Surrey with multiple landowners

We advised a regional house builder on the acquisition and development of a back garden residential development site in Surrey, comprising multiple land parcels owned by different landowners. The transaction involved complex title, overage, and ransom strip arrangements, together with layered development finance and subsequent plot sales.

The completed scheme had a Gross Development Value (GDV) of approximately £6 million.

The Challenge

The development site was assembled from several adjoining back gardens, each held under separate ownership. The legal structure of the transaction presented a number of challenges:

Multiple acquisitions from different landowners
Overage provisions triggered on future development value
Ransom strip issues affecting access and services
Tight funding deadlines driven by development finance
Coordination of senior and mezzanine lenders
Requirement for onward plot sales following development

Our client required clear, commercial legal advice to manage risk, unlock value, and ensure the project remained viable and fundable.

Our Role

We provided end-to-end legal support across the acquisition, funding, and disposal phases of the development.

Acquisition & Site Assembly

Negotiated and completed the acquisition of multiple land parcels from separate landowners
Drafted and advised on overage arrangements to balance landowner expectations with developer risk
Resolved ransom strip issues through negotiated releases and legal rights to ensure full site access and service connectivity
Undertook detailed title due diligence to satisfy both the developer and funders

Development Finance

Acted on the development finance from a specialist senior lender
Advised on and coordinated secondary mezzanine finance alongside the senior facility
Ensured intercreditor arrangements were properly documented and aligned with the development timetable
Worked closely with funders’ solicitors to achieve a timely and bankable structure

Plot Sales

Advised on the subsequent sale of individual residential plots
Prepared a comprehensive “Legal Handbook” to assist in streamlining plot-purchase due diligence enquiries
Ensured smooth releases of security and compliance with funding conditions

The Outcome

The acquisitions were completed successfully, enabling the developer to commence construction without delay. The development finance was put in place on time, and the project proceeded to completion, with plot sales progressing smoothly.

Why Choose Us?

Development-Led Thinking – We understand the commercial realities of residential development, not just the legal mechanics.
Complex Site Assembly Expertise – Extensive experience in multi-title acquisitions, overage, and ransom strip negotiations.
Finance Capability – Proven track record acting on senior, mezzanine, and specialist development finance transactions.
London & South East Focus – Deep familiarity with development issues across London, Surrey, and the wider UK market.
End-to-End Service – From land acquisition through funding to plot sales, we
support the full lifecycle of a development.
End-to-End Service – From land acquisition through funding to plot sales, we support the full lifecycle of a development.

If you are a developer, investor, or lender involved in residential or mixed-use
schemes, our commercial property and development team can provide clear,
pragmatic legal advice from acquisition to exit.

Get in touch

I can only recommend Ashworths. Been using them for over 15 years, simply the best.”

Mr V. London