A full investigation of the property and easement titles are essential and a developer will want to know whether there are any restrictions or other matters (such as an occupational lease) contained within the titles, which will prevent or interfere with the intended development.  Additionally, pre-contract development enquiries and full commercial search due diligence must be carried out prior to entering into the Option Agreement to ensure that there are no adverse entries revealed which could affect the proposals to develop the land. 

It is important to establish whether the land is subject to the payment of VAT and understanding how this can affect the terms of an agreement between the parties.  The Option Agreement should contain provisions for the treatment of VAT.

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