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.

I should have asked about the other improvements as a different, side question. The property, just under 2 hours from where we live, is close to a large lake, that I wouldn’t mind going to more often for fishing and boating. The thoughts were to, until the property is sold, provide a spot for our rv on long weekends, so having a access, water, electric, and even some type of a septic field would be ideal. A better question would be which of these improvements could we reasonably expect to recover when sold, keeping in mind the exact placement might not be where a new owner would want them.
There is swampy/nonbuildable property next to me that is landlocked by 5 residential properties. We are interested in purchasing it – yes, we want landlocked swampland. We spoke to the owner who said he wants to sell it at whatever the going rate is for vacant land. Prior to offering him a very lowball offer, we’d like to gather resources that show the property’s true “potential” so that we don’t offend him. Other than a printout of a map, is there something more official we can acquire that shows he is landlocked? Also, the tax record shows the property’s assessed tax value is 100k, which is definitely inaccurate. Is there a way to have that reassessed to reflect its true tax value? We heard through a neighbor that it is recorded as nonbuildable and he doesn’t have to pay taxes, but I have not been able to find anywhere to verifiy that. Thanks in advance for any advice you can offer!!!
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.
I might add that in some development-friendly communities, the city and developer might try to play the eminent domain (condemnation) card. Ostensibly, eminent domain should be used only in the exercise of public good such as a new highway or road widening, though some cities get away with it in dubious circumstances. Your agent should know whether this could be an issue. Such a scenario, as unlikely as it is, would probably force you to hire a lawyer to get a decent price.
Know what the land is zoned for. From the beginning, you need to have a clear understanding of what this land is zoned for. You don’t want to discourage buyers by keeping them waiting until you have the answer, and you definitely don’t want to mislead a buyer with incorrect information. It’s better to be honest and then refer the buyer to information about changing land classifications and zoning exemptions.
I just purchased 5 acres in a rural setting for half the assessed value (the assessment seems a bit high) as an investment. The advice I’ve received to increase the value is have it surveyed, sub-divided into 2 lots, and get a perk test done for both lots. Does this make sense to you? What about others ways to increase the value, such as putting in a gravel drive, running electric, or wells? It has good road frontage, and utilities are at least at the corner of the property.

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.

I read your email and on your website almost everyday. New at this . Bought few lot in PA . Sold some @ EBay. Most challenging part is to sell land fast @ reasonable price . Your “50 Creative Ideas To Sell Your Property FAST ” really opened up new frontier for me . Tried few of them daily basis. Hope to try all of them soon. Is there any one works for you better than other ? Thanks for all help and ideas. Hope to join your mentoring program once I sell few more lot / land .
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I read your email and on your website almost everyday. New at this . Bought few lot in PA . Sold some @ EBay. Most challenging part is to sell land fast @ reasonable price . Your “50 Creative Ideas To Sell Your Property FAST ” really opened up new frontier for me . Tried few of them daily basis. Hope to try all of them soon. Is there any one works for you better than other ? Thanks for all help and ideas. Hope to join your mentoring program once I sell few more lot / land .
A type of local council zoning covers every home in a suburb. This is a planning instruction that tells developers and planners what can be built on different parcels of land. For most houses, the zoning is low-density residential – this means that only houses can be built on this land. But in some areas, high-density zonings are more common, or even mixed-use zonings. And zoning can change, if the plans for your suburb change. When a piece of land moves from low-density to high-density zoning, it has increased in value for a developer.
Settle on a price that is acceptable to both parties. But don’t exceed the price you initially set as your maximum amount to pay. No property is worth paying more than you can afford. "Decide what a transaction is worth to you. A property may be worth more in value to you than the actual appraisal. Take the emotion out of it and deal with it in terms of dollars and sense," confers King. And, "don't be afraid to walk away from a deal, just do so with a handshake and a smile and do not burn that bridge."

With the Arizona housing prices climbing up to pre-crash levels and single family homes being snatched up by investors to flip or rent back to millennials, do you think buying raw land now is the best strategy ? In my opinion, the fact that its hard to generate income off of raw desert land many investors pass because there in no rate of return. Million dollar homes are within a few miles of these parcels I’m looking at and i can buy a 2.5-5 acre parcel below 250k. I want to park my money in land because i know this area is up and coming vs risking it in the stock market. I would sit on the land for 10-20 years before building. Am i crazy or just see something a lot of other investors are missing out on? Also, small washes on parcels are not a huge issue right? I avoid anything that falls in a flood plane
Hi Colt, whenever I buy landlocked parcels, my offer is VERY low (because practically speaking, if nobody can access it, it might as well be on the moon – which isn’t all that useful UNLESS someone can obtain legal access). One way to prove that it’s landlocked would be to find a parcel map of the property – and I explain how to do that in this blog post: https://retipster.com/property-pictures
I am searching for land also. I would like it to have a septic and well. I have been using zillow and landwatch.com. I have tried reaching out to real estate agents for help but they haven’t been very helpful. I was wondering would you be able to share how you find this property with elec, well and septic? Was it posted online or through a real estate agent, etc?
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.
Hi Colt, whenever I buy landlocked parcels, my offer is VERY low (because practically speaking, if nobody can access it, it might as well be on the moon – which isn’t all that useful UNLESS someone can obtain legal access). One way to prove that it’s landlocked would be to find a parcel map of the property – and I explain how to do that in this blog post: https://retipster.com/property-pictures
If you’re providing seller financing, you’ll still need to draft a deed, but this deed will be held in escrow until the final payment is made. Once that payment is made, the deed will be filed with its respective government agency, typically the county clerk. You can have an attorney, title agency, or a financial institution hold the median in escrow for you until the buyer makes the final payment.
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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.


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.
Here are reasons why I believe an Exclusive Listing Agreement is better for the seller when it comes to selling land. (Let me preface all of these reasons with the assumption that you have researched prospective listing agents with experience in selling land and you are only going to deal with ones that appear to be qualified and have good reviews. For more explanation read, “Not All Agents are Competent About Land.”
Once we’ve received your signed agreement, we will begin our title examination on the property. We have a large network of established title companies, real estate attorneys, and real estate title professionals that will research the title to your property and help to arrange closing. All that is required is a few signatures on your end. There is no need to travel to complete the sale. Best of all, we pay for all the costs involved and arrange everything for you! It doesn’t get much easier than that.
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