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.
In the right location, today’s seller’s market makes it so you could put your home on the market as-is and likely still receive interest. But if there’s a possibility you’re misdiagnosing your home as a desirable purchase for a teardown, you should think about preparing the home properly for the market, as minor updates and cleaning can go a long way. You could have your property appraised to see how it would likely fare compared to similar homes in your neighborhood, or consult a real estate agent to see if they expect more builder versus homebuyer interest.

Side Note: While it's easy to assume that your property listings only belong on websites where tons of people are already there, I think it's also important not to overlook the value of having your listings in front of many different audiences. Even when an advertising outlet is less-recognized or newer to the market, it could still be worth your while to post your property information there.

And I know what you mean about the assessed value – this number means almost nothing in my mind, because the county will usually peg this number as high as possible, because it allows them to charge more in tax revenue for the property. I think you can get it reassessed in many cases, but there usually aren’t any guarantees that your request will get traction, and the process isn’t necessarily fast or easy. It may be worth your while to call the local tax collector and just ask them how much the annual tax bill is – that should tell you pretty quickly what the obligation would be.
This is a great article! I agree that there is a lot to take into consideration when investing in land. Most people fail to realize as well that investing in land is most time, if you find the right deal even better than buying properties already constructed on a piece of land. People also forget that there are many expenses involved in developing vacant land to be “usable”. All of the points made here are extremely important to consider and one should do extensive research before purchasing any property and ask yourself these 15 questions mentioned above before purchasing. I have done lots of research and have bought properties in the past, the best company/website in my opinion is http://www.cheaplands.com I have never seen deals like theirs in my real estate career.
If, for whatever reason, you don’t want to use Craigslist, another option is Facebook. Mark said, “right now, people are selling all day long on buy/sell groups on Facebook.” However, these are not the typical real estate buy/sell groups. “They’re going to Craigslist buy/sell groups, recreational vehicles buy/sell groups, hunting buy/sell groups, or fishing buy/sell groups.”
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.
Hi Rainie, if it were me, I’d be most concerned about the septic system (making sure the property passes the perc test, if it’s not located near a sewer system), making sure it’s not in a flood zone, and making sure the property is zoned properly for the type of house I want to build. Judging by the fact that there was a house on the property before, you probably won’t find many surprises here… but it’s always good to verify.
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.

I’m not the best person to answer that, because I’m not a lawyer and I know very little about what your rights are – but I imagine it could be difficult to prove much without a signed contract. That being said, I’ve heard that there are potential claims on the grounds of “squatters rights“. If you’ve lived at the property for 20 years, there may be something worth exploring here.
If this process overwhelms you, consider hiring a land broker. A land broker will take a commission but they will handle all of the above for you. Hopefully they will price the property so that you make almost as much as you would have without hiring the land broker meanwhile it saves you a lot of time and hassle. I do not recommend working with a land broker who charges a flat upfront fee even if the property doesn't sell as there is no built-in incentive for them to sell the property. Keep on top of them and make sure they are doing their job. Unless the commission is hefty, a land broker isn't going to care as much about selling your land and may end up just listing it on their own website and letting it sit there forever. Communicate regularly with your land broker so your listing remains a priority for them even if it's just to get you off their back!
On the surface, it seems like such a simple creature – but there can be A LOT of potential problems lurking beneath the surface of any piece of land. I wouldn't necessarily say all these issues are common, but the fact is – any one of these things could potentially be a deal killer if not addressed properly. When you take it all into consideration, it adds up to a sizable list of things that ought to be investigated as part of your due diligence process.
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.
Planning Consent. This will be needed before development is begun, but who obtains it is a question for landowners. Embarking on the planning process at your own risk can pay off, but it is a gamble and we recommend that you speak to either a surveyor, a planning consultant or a planning officer at your local authority to get an idea as to whether or not an application for consent for development would be successful. Many such applications will go to appeal. Is the planning consent you obtain going to be the one developers need? This is why many landowners enter into promotion agreements or conditional contracts which oblige others to apply for planning, as they often have a greater chance of success on the right terms. Be aware though, that extensive price negotiations can take place once planning consent is obtained, and the actual net development area can be calculated. This will take into account any ‘extra’ costs such as wildlife surveys or ground investigations that are required as a result of the planning conditions.
A Perc Test (also known as “Perk Test”, and more formally known as a “Percolation Test“), is a soil evaluation that tests the rate at which water drains through the soil. If a property doesn't have easy access to the local sewer system, a perc test is required to determine whether a septic system (the alternative to a sewer) can be installed on the property.
This is one of many reasons why people buy title insurance when they purchase a property, because it ensures that the title is clear and that the buyer is actually getting all of the rights they’re expecting to get (unless otherwise noted in the title insurance commitment). If you’re concerned about this and you haven’t already ordered a title commitment, you might want to consider doing this.

anyone interesting in commercial land on busy road? very close to i279 north of pittsburgh pa area and its permit allow to rebuild home or parking lot or something of business as well. last price value is 12 k but not sure what it is worth in value it is on 3856 east street... 15214... 2041 sq feet formerly warehouse was there and the land is cleared out... with fence...


Investors look for future potential. A priority would be to look at a municipal developmeant plan to see if the property is within a plan area. Personally, I would never invest in land that is not already under a municipal area structure plan. If you want to take a risk, you could look for land that was in the obvious path of development and be prepared to hold the land for a very long period of time.
Now I was reading about the 1450 sq ft build. A baby house maybe. I’d be more inclined toward a squad tent, (i have one 16X32 with a woodstove and 5000 kw generator and string of lights for sale. $3500.00 plus shipping and handling.), or a plains INDIAN Teepee which I also have for $2500.00 plus shipping and handling. Real Buffalo Robes, very soft and heavy, for $3500.00 a piece plus shipping and handling.
This issue can be overcome if you can establish a legal, recorded easement to the property. This can be done if one of the neighbors is willing to allow you access through their property – to yours. In many cases, a neighbor shouldn't be expected to do this for free, you'll have to give them a reason to help you (usually in the form of money). Again, this isn't an impossible issue to overcome, but it is definitely something you'll want to be aware of before you purchase.
2. The answer to this question depends entirely on the property, how much timber is on it, and how much money you can get from the sale of the timber. If you’re really lucky, you might even be able to sell the timber for more than you paid for the property itself (however, I would say this is more the exception than the rule). You might want to check out this article for some more insights if you haven’t already.
Other options to consider are selling your land with owner financing which makes it easier for people to afford. Trying to find cash buyers can be difficult depending on your asking price and banks don't typically want to lend on vacant land. Also, if you have land you want to sell in a hurry and you'd like to get cash for it there are a number of wholesale land buyers that make be interested in making you a cash offer for your land.

It is not unknown for restrictive covenants to ban, for example, the keeping of dogs at a property, though the more restrictive covenants you put on a plot, the more they affects the price you will receive. As a rule of thumb, developers expect to pay one third of the value of the finished development for the plot. So, if a £150,000 house can be squeezed into your back garden, you should think in terms of receiving £50,000.


Hi Dave, thanks for stopping by. You’re right – it’s very hard for me to give you any concrete opinion on this (because there are a lot of factors to weigh with any piece of vacant land). I’d say if you’ve looked at all the potential downsides and established that there won’t be any issues from that end… and if you’ve got a fairly decent idea as to what the property is currently worth (and you’re buying it for a price that is significantly BELOW that number), then sure – there probably is a fair chance that you can make money on it.
Very interesting read. I am looking at some desert land in both NV and AZ. They are between 40-80 acres each. My budget seems to afford places that either have an old well, or power at the lot line, but not both. Which utility do you feel is initially more critical to have of the two? I know adding a solar system or having power brought in is very cost prohibitive, so my thought was to go with the power on the lot. I figured I could always have water trucked in and stored in a tank since the properties are easily 2WD road accessible. I figure that buying property with an old well may be worthless and not worth the price increase of the property. And I have been reading that drilling a well is a gamble. Thanks in advance for some insight.
We’re considering selling our 103-year-old home, which is located in a multi-use zone where condos and townhomes have been going up, changing the entire neighborhood landscape. We’ve been getting purchase inquiries from developers and are wondering if we should sell to them directly or through an agent. How do we assess a reasonable price? By the way, our home needs updates in electrical, plumbing, HVAC, paint, appliances and flooring.
I am currently listing a 10 acre piece of vacant land, which is zoned R-1, in Hesperia, California. The seller states the property can be zoned commercial. I spoke to the planning department and they stated it is zoned residential. My client is totally convinced they are wrong and it can be switched if someone pitches a commercial rezoning presentation. What is your take on this?
LoopNet operates the most heavily trafficked commercial real estate listing service online, with more than $425 billion of commercial real estate for sale and 5.1 billion sq. ft. of commercial real estate space for lease. LoopNet also attracts the largest community of commercial real estate professionals looking for Land with more than 7 million members comprised of brokers, corporate executives, service providers, and more than 3 million buyers, tenants and other principals.
anyone interesting in commercial land on busy road? very close to i279 north of pittsburgh pa area and its permit allow to rebuild home or parking lot or something of business as well. last price value is 12 k but not sure what it is worth in value it is on 3856 east street... 15214... 2041 sq feet formerly warehouse was there and the land is cleared out... with fence...
Also note that many landowners think they “own” all of the land along the roadway in front of their property, but often that land along the existing pavement is owned by the local government or DOT as part of the public right-of-way. Mailboxes, landscaping, fences and walls often are built in the right-of-way, but will need to be removed or relocated for road improvements. Confirm with a survey where your property line actually ends along the right-of-way.
4. eBay.com – Once our top selling venue, eBay is still a great place to advertise and gather buyers and drive them to your dedicated selling website. Cost to post property for a 30-day auction style sale, is a $50 insertion fee with a $35 notice fee when the auction ends. Other sale types are “buy-it-now”, which is a fixed price type with same fee structure. Think of eBay as; $50 per month worth of advertising to reach potential sellers.
Consider your own needs when pricing, and understand how pricing could impact buyers’ interest. When selling real estate, you sometimes have to choose between getting the highest price and possibly selling quicker. Plus, your pricing may be influenced if you need to sell for financial reasons. In addition to your own situation, pricing your property ultimately requires an understanding of the land market as a whole, why people are buying lots or land in that area and who these people are. A good real estate agent with land expertise can help greatly in this process.
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