Property Mediation Services
Development Deadlock Mediation
Unblocking stalled developments by resolving the disputes that hold them up — rights of light, restrictive covenants, easements, overage claims, and ransom strips.
Disputes We Mediate
Development deadlocks are among the most commercially damaging property disputes. A stalled development means mounting finance costs, missed completion targets, frustrated purchasers, and reputational damage. The longer the deadlock persists, the more expensive it becomes.
These disputes often involve technical legal issues — rights of light calculations, the scope of restrictive covenants, the extent of easements, the operation of overage provisions, or the enforceability of ransom positions. Harvey Harding brings the property law expertise to understand these issues at a granular level, which enables him to test the parties' positions effectively and drive toward a commercial resolution.
Common Scenarios
The Rights of Light Injunction Threat
A neighbouring owner threatens to seek an injunction to stop a development that would reduce light to their property. The developer faces the prospect of redesigning the scheme or paying substantial compensation. Mediation finds a commercial figure that both sides can accept, allowing the development to proceed without delay.
The Restrictive Covenant Blocking Development
A developer acquires land for residential development only to discover a restrictive covenant prohibiting building above a certain height or density. The beneficiary of the covenant refuses to release it without payment. Mediation negotiates a release fee and terms that unlock the development.
The Ransom Strip Hold-Up
A landowner controls a strip of land needed for access to a development site. They know it and are demanding a price that the developer considers extortionate. With the development stalled and finance costs mounting, mediation establishes a fair ransom value and gets the deal done.
The Disputed Easement
A development scheme relies on a right of way over neighbouring land, but the neighbour disputes its existence or extent. The developer needs certainty before committing further capital. Mediation resolves the dispute and — where needed — creates a new formal easement agreement that provides the certainty both sides require.
Why Mediation for Development Disputes
Development disputes have a unique urgency. Every week a development is stalled, the costs mount — finance charges, extended preliminaries, delayed sales, and reputational damage. Litigation timelines of 12 to 24 months are simply not compatible with development economics.
Mediation resolves development deadlocks in weeks rather than years. It also allows for creative commercial solutions that a court could never order. A rights of light claim might be resolved through a combination of a monetary payment and a design modification. A restrictive covenant dispute might be settled through a release tied to overage provisions.
These are commercial deals, not legal principles. Mediation is the process that reflects that reality.
Development Stalled by a Dispute?
Get in touch for a confidential, no-obligation discussion about how mediation can unblock your development and get it moving again.
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