I would appreciate your opinion about my situation. When I purchased my home on 5 acres twelve years ago, the builder included two acres at no additional charge. Both the 2 acre and 5 acre parcels are adjacent to each other. So, I have two properties with two tax bills. In the future, I plan to obtain a reverse mortgage, so I would like to maximize the value of my home by combining both parcels into one larger 7 acre parcel.
Tenants. Informal arrangements with tenants can also pose a problem when it comes to selling. If you let any buildings to business tenants they should be on proper leases which are contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954. Any residential tenants should be on Assured Shorthold Tenancies. For agricultural tenants, make sure they are on licences if appropriate or Farm Business Tenancies under the Agricultural Tenancies Act 1995. Bear in mind the long notice periods and that compensation may also be due for these tenants. Agricultural tenancies that were granted before 1 September 1995 are likely to have lifetime security of tenure and if they predate 12 July 1984, successors can also be named by the tenant so that up to three generations can farm the same land. Compensation will also be payable on termination for any tenant improvements to the land. Again, it will help to have all the paperwork accessible and to hand.
One of the most important first steps before subdividing your land or land you wish to buy is to make sure there are no restrictions that will block your plans. Everything from ordinances, neighborhood covenants to deed restrictions may prohibit – or fatally complicate – your plans. Review these items carefully, plus order a professional title review (typically through a real estate attorney) so that you can understand whether there are any deal killing issues that apply to the property and prevent subdividing.
You can also try to contact a few local real estate agents in the area and ask them if they wouldn't mind driving by the property and snapping a few pictures when they have a chance. Most agents are regularly in the field anyway, and it isn't a huge ask for them to swing by your property and get some pictures (especially if you show an interest in using them for your future listings and/or paying them a few bucks for their trouble).
If you find items during your review that may be problematic, you and your attorney should evaluate them carefully to find a solution, or see if you are able to get title insurance that provides specific coverage to protect you and ultimately your buyers. But never ignore a tricky restriction or convince yourself that it won’t be a problem. Beware, even the pros can get into trouble if they become too wedded to their grand plans. You may get away with bypassing restrictions for a while, but doing so can cost you down the road – especially when trying to sell or finance the property. We’ll describe more of these real-world risks in the second article.
If a property doesn't have access to one or more of these staples of reasonable living, the property (for all intents and purposes) may not be considered build-able. After all, who would want to build a house where they can't flush the toilet or get access to clean water? If a property isn't build-able, you will lose a massive portion of the property’s usability, marketability and value. Since most people buy land with the intent building on it, you will definitely want to be aware of anything that could become an obstacle to that objective.
First impressions are lasting in real estate. When selling a home you would never leave out your dirty laundry for potential buyers to see, and you should also clean up your lot before it is shown and marketed. Cut the grass (or weeds), remove trash and take marketing photos of your property when it is looking its best. Some sellers even plant wildflowers to make their vacant land look beautiful. It’s like staging a home, but you’re just working with raw land instead.