Overage. Put simply this is a right to receive future payments in respect of land which has been sold. It is sometimes known as a clawback. The right is triggered by the happening of a certain event, in this scenario often the grant of planning consent for development. There are many issues to consider here, beyond the scope of this note, but landowners need to think about what will constitute the trigger event, how long the overage agreement should last for, what the obligations of each of the parties should be, how the payment should be calculated and how this payment should be secured.
Selling lots is not like Field of Dreams, where “if you build it they will come.” You need to make sure there is a market for lots in your area and at a price that makes sense. Determine the size, layout and other requirements that are expected for new lots to be marketable. A good real estate agent with expertise in land can help you with this. You also may be able to get some advice from builders – reach out to the ones who are active in your geographic area and in the price range for new homes that would likely be built on your lots. Getting their input could be the key to successfully subdividing marketable lots.
All four of these elements impact the value of your land dramatically.  We speak with hundreds of land owners each month who did not take some of these elements into consideration when they purchased and they have difficulty coming to grasp with the reality of the value of their land.  Each situation is very unique and the marketplace is not very forgiving at the moment.  Read the rest of this entry
To a shrewd investor, any asset of value is for sale, for the right price. Undeveloped land, also known as raw land, represents a real estate investment that is different from more traditional house and land deals. While undeveloped land sells for less than land that is ready to build on, or already includes viable structures, it can still turn a profit if you put care and thought into the sale process.
Great article. I’m having trouble finding information, as most of it is about buying and constructing right away. I’m looking for information on how to buy a rural piece of land 2-10 acres where I can camp on it for a couple of seasons to get the best site to build a little summer/fall shack to get away on the weekends. So I won’t be building right away, just ‘squatting’ on my own land for surveying purposes, see where the hottest/sunniest spots might be, etc. Do you have any advice on what regulations/restrictions I might come across? Is this a “depends on” on kind of thing, meaning, different counties/townships all might have different rules? Thanks again.

In the very least, your land contract should include the address of the property and a full legal description of the land. It should also include the down payment amount, purchase price, the number of payments that will be made, the monthly payment amounts, and any balloon payments that may be required. You may also consider creating and attaching an amortization schedule.
Hi Giselle – all of the properties I’ve bought have been SUPER cheap, so I’ve always just paid with cash. I have done plenty of seller financing when I’ve sold properties, but not so much when I’m buying. However, what you’re saying could certainly be a feasible way to get properties without taking out a hard money loan – you’d just have to find a seller who is willing to work with this kind of arrangement and then hold their hand to make sure they understand the process and that everything is being done correctly (paperwork, recording, processing of payments). There are a lot of additional moving pieces when seller financing enters the picture, but for the right deal, it could absolutely be worth all extra effort.
You mentioned that the adjacent development already is “underway” and that the developer recently sold 92 lots. This makes me wonder why the developer would be coming to you now about roadway frontage for a turn lane. Usually the road improvement plan is in place prior to the subdivision being formally approved and recorded and the developer secures rights to all of the land it needs for turn lanes in advance. The existence of lots in this development suggests that the road plans already should be approved. Get information from your local planning or subdivision department (as applicable, or possibly the DOT) and see if you can find the plans for offsite road improvements for this subdivision. It’s possible that there was a lapse in the planning process — or that the original roadway improvement plans have expired if the project was abandoned during the downturn — and the need for land for a turn lane has recently come to light. Do your research to understand the facts.
Especially when I'm buying vacant land out-of-state, my first line of business is to understand the topography of the property. There are many, many places around the world that have very unpredictable elevations, cliffs, mountains, valleys, ravines and more. In many cases, the topography of the land can have a huge impact on the build-ability of a property. For the same reasons you can't build a house on 90-degree cliff, you should be doing some preliminary research to find out where your property is located, and what the lay of the land is.

 If six stars were possible, Terrell Wade and the team at FNAC would deserve that high of a rating. Terrell worked with me on purchasing a deed of trust that was part of my parent's estate. The transaction was tricky because of paperwork complications, that the house was now a rental, and that the owners spoke no English. Terrell patiently guided the owners through the process, had to reassure them at several times, and successfully closed the deal even though it took nearly 6 months. The price we received was fair and I cannot speak highly enough of the work and end result that was accomplished by FNAC. S,T,White, Manager RCR, LLCread more

Unfortunately, I owe $4000 in back taxes on the 2 acres. Most of the $4,000 owed is mostly penalty fees, since the annual tax on the 2 acres is $300 yr. My home on the 5 acres is valued at $500,000 and the 2 acres is valued at $14,000. If I pay the past due tax fees and penalties on the 2 acres, and have both properties joined, will the value of my home increase since it will be on 7 acres instead of 5 acres. And if so, will my homes value only increase by the value of the 2 acres ($14,000) for a total of $514,000? Also, the 2 acres is land locked and on a steep hill. Thank you in advance for your help.
A farmer may want to expand his or her land, and your 3-acre lot is perfect for grazing. If you have land that is in a residential area, your neighbor may want the opportunity to have a bigger property and will buy your land for premium since it is adjacent to their land. And these are people you probably know and trust, which makes the entire sales process more pleasant.
You mentioned that the adjacent development already is “underway” and that the developer recently sold 92 lots. This makes me wonder why the developer would be coming to you now about roadway frontage for a turn lane. Usually the road improvement plan is in place prior to the subdivision being formally approved and recorded and the developer secures rights to all of the land it needs for turn lanes in advance. The existence of lots in this development suggests that the road plans already should be approved. Get information from your local planning or subdivision department (as applicable, or possibly the DOT) and see if you can find the plans for offsite road improvements for this subdivision. It’s possible that there was a lapse in the planning process — or that the original roadway improvement plans have expired if the project was abandoned during the downturn — and the need for land for a turn lane has recently come to light. Do your research to understand the facts.
Hi Giselle – all of the properties I’ve bought have been SUPER cheap, so I’ve always just paid with cash. I have done plenty of seller financing when I’ve sold properties, but not so much when I’m buying. However, what you’re saying could certainly be a feasible way to get properties without taking out a hard money loan – you’d just have to find a seller who is willing to work with this kind of arrangement and then hold their hand to make sure they understand the process and that everything is being done correctly (paperwork, recording, processing of payments). There are a lot of additional moving pieces when seller financing enters the picture, but for the right deal, it could absolutely be worth all extra effort.
9,861 Alabama Lots 599 Alaska Lots 15,879 Arizona Lots 12,474 Arkansas Lots 17,947 California Lots 6,629 Colorado Lots 1,098 Connecticut Lots 1,059 Delaware Lots 35 District of Columbia Lots 42,342 Florida Lots 20,650 Georgia Lots 1,170 Hawaii Lots 6,845 Idaho Lots 8,857 Illinois Lots 7,403 Indiana Lots 3,585 Iowa Lots 2,069 Kansas Lots 7,648 Kentucky Lots 3,134 Louisiana Lots 6,129 Maine Lots 4,865 Maryland Lots 1,028 Massachusetts Lots 18,665 Michigan Lots 7,325 Minnesota Lots 7,407 Mississippi Lots 9,713 Missouri Lots 5,797 Montana Lots 1,442 Nebraska Lots 3,893 Nevada Lots 2,588 New Hampshire Lots 3,388 New Jersey Lots 7,359 New Mexico Lots 9,287 New York Lots 32,804 North Carolina Lots 65 North Dakota Lots 4,955 Ohio Lots 3,952 Oklahoma Lots 6,483 Oregon Lots 7,911 Pennsylvania Lots 455 Rhode Island Lots 14,443 South Carolina Lots 1,157 South Dakota Lots 23,677 Tennessee Lots 26,203 Texas Lots 3,179 Utah Lots 1,689 Vermont Lots 16,457 Virginia Lots 2,789 Washington Lots 4,319 West Virginia Lots 16,390 Wisconsin Lots 1,832 Wyoming Lots
Hi Prakash, the best way out to sell your property is to advertise your property through different media including online property portals like 99acres.com since online media is faster and quicker. You can also go for offline media options like magazines and newspaper in which you can easily give your advertisements in the classified sections and specific real estate supplements. Apart from this, you may also purchase a paid package service provided by various online portals in which they will charge you on a monthly basis and in return they will give prominence to your ad over non-paid ads. For paid package services, you may refer to 99acres.com and choose option buy our services: http://www.99acres.com/do/buyourservices
  I used BHW to draft up legal contracts for my business. They were highly professional and provided me with exactly what I needed and offered excellent advice throughout. The work was completed promptly and I was kept updated throughout the whole process. I would like to thank Michael Lam for being so approachable and accommodating. I would definitely recommend this firm and will be more than happy to use their services in the future!
You have to be careful, however, that the access road you create cannot also be used for subsequent developments in neighbours' gardens. Otherwise the developer, having bought your garden, will knock on your neighbours' doors and buy several back gardens. If this happens, Mr Noel said: "The access road beside your house, which you thought was only going to be used by a couple with one invalid carriage suddenly becomes the way into a development of 30 homes."
A large piece of undeveloped land may get you the greatest return if you subdivide it and sell each parcel separately. Have the land surveyed to determine which parcels are suitable for home building, which have other uses and which are likely to remain undeveloped. Keep one or more parcels for yourself if you still want an investment stake in the land, in case its value rises in the future.
Since it is near the New Year, please allow me to use this illustration. Many people make a resolution to diet and exercise to lose weight in the New Year. They may buy a new piece of equipment and some new workout clothes. They go hard for a couple of weeks, and slowly excuses begin to interrupt the routine and eventually there is no real progress. Then the person can say, “I tried the Bowflex for a while, but it didn’t really work for me.” The truth is, they didn’t do what Bowflex recommends and therefore they did not achieve the desired result.
You also need to confirm that each of your planned lots will be properly serviced. Most homeowners expect to face a public road (with adequate frontage) and have water, sewer, power and other utilities available. So be sure to confirm both that typical utilities are available for your lots and that they will have the capacity to handle the load from any new homes that would be built on the subdivided lots. Do your research and have your surveyor locate water, sewer, gas, electricity and other utility lines and infrastructure on your plan.

Use a title company if you are not familiar with deeds, deed conveyance and closing of real estate. I prefer First American Title and you can find them anywhere. They will handle the monies, title search, title policy, deed, recording of the deed and pro-rated taxes, etc. Fees will vary and you can certainly negotiate. Typically the seller pays for the title policy and the buyer pays for half of the escrow fees. You can always charge an extra recording fee to offset these expenses.


You have to be careful, however, that the access road you create cannot also be used for subsequent developments in neighbours' gardens. Otherwise the developer, having bought your garden, will knock on your neighbours' doors and buy several back gardens. If this happens, Mr Noel said: "The access road beside your house, which you thought was only going to be used by a couple with one invalid carriage suddenly becomes the way into a development of 30 homes."

We are an established Real Estate Firm looking to buy Raw Land in your area for short term and long term investment purposes.  We have many highly satisfied clients who were glad to get CASH rather than have the burden or liability of property ownership. Many of these clients had plans for their property when they initially purchased it, but with time and circumstance…these plans changed.
If you are a potential buyer looking to purchase property directly from a seller - Many properties are available across the country and outside of the U.S. including vacant residential lots, large acreages, homes and ranches, hunting and fishing properties, investment properties, land ready for development, commercial buildings and much more. View Listings.
Hi, I found your blog via searching for help for a decision. I have two 10 Acre parcels with views of the Stanislaus Mountains in Northern California that are part of an 8 parcel development back in 2006 for $160k each (ouch) with the intention of building a home on one and the other as an investment. One has a well the other does not. There were two owners of the development that built right before the financial crises but no one has built since. I wanted to lower the property tax so I listed them each for $60k, not thinking I’d ever get an offer and since dirt is not selling in that area well, but low and behold within two weeks I received two offers on the parcel with the water well (one from a real estate agent/2nd from a neighbor behind the property). I’m not sure but I think both have different intentions for purchasing which doesn’t matter (you are able to grow marijuana in that county). Now I’m uncertain about selling since it was not my intention and I’d really like to recover my investment. Should I wait to see if land values rise to what I paid back then or should I take the money and run!? They both asked for owner financing. There is access to power and the development’s access is through a gated community. Any comments would be welcomed and appreciated. Thank you!
Your buyer profile can depend on what type of property you are selling, whether the land has been developed already, its location and market conditions, among other criteria.  Is your likely buyer an individual looking for a lot for a new home? Or is your buyer going to be a builder or developer looking for land for their next project?  Or is your buyer some combination of those, or someone different altogether? There may be different buyers for finished lots, rural acreage or a parcel of suburban land in a thriving new home market.
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