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 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.
We currently own 10 acres of land with a lot of road front footage. A very large nice development is underway adjacent to our property; the developer also recently had some type of auction and sold 92 lots. It has been brought to the attention of my husband and I that no homeowner construction can begin until development access issues are resolved. Presently, they have issues with line of sight entering into and out of the development; the development has a small privately paved 2 lane road entering onto the public highway system. Our property sits high on a small hill, it is large enough to occlude site to the left when pulling onto the highway. Our home also sits on a curve. We also have fencing – similar to what you might call pasture fence – that also occludes a drivers site pulling out as well. The developer has sent a neighbor (also his friend, may even be a partner) – who lives in the only house built in the development – although how they built that with restrictions in play – I do not know… Maybe because it was a single dwelling??? It was there before the current developer purchased it from the previous developer (who built the home in there as a “spec house”. First, this representative showed up saying they would like for us to move our fence and they would pay for us to move it (how kind). We just listened… And told him we like our fence just where it is – we know that even with the fence moved the line of site is still occluded – the hill would have to come down or be graded somewhat for it to work. 92 homes would also generate a lot of traffic. A turn lane was mentioned but no details were given – in fact no plan was presented at all. We think he was just feeling us out. My real question is how much should or could we ask for the property if we agreed to whatever their plan is – of course, we would see the plan proposals and bring in a lawyer. I don’t know how to begin to calculate it! I have considered 92 lots multiplied by something! Maybe 20,000 each? My husband spoke with a member of the NCDOT who was out here doing some surveying – he stated that the DOT really had no interest in the property – I want to take that to mean they would not force access for the developer – but I do not know – my knowledge is very limited on this subject. Bottom line is they are in “a real pickle” if we decide not to accommodate/sell them the needed frontage. No money has been offered – it was just stated that we would be compensated. It seems we are in the position of power as far as a selling price – as they cannot develop without meeting those requirements. What would/do you advise and what resources should I use to educate myself. I have found the Policy on Street and Driveway Access to North Carolina Highways and been reading over it. I really do not want us taken advantage of either as far as the construction phase and the end result to our remaining front yard.
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.
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
As you are aware, we have worked worked with Land Century since its start back in 2006. I wanted to thank you for all your professionalism, the quick follow up, the integrity with how you operate and for helping us buy and sell hundreds of properties across the USA. As you know, about two years ago we directed all our lots sales and purchases exclusively through your office. You continue to be a great partner and I look forward to many more years working together.
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.
Thanks so much for this article! I’ve run into a unique situation, where we found an amazing historic house that we’d like to restore, but it is currently listed as a vacant lot for sell with a shell house on it, rather than the house itself being listed. We know it’s not in a flood plain, the deed is unrestricted, and the home appears to have been lived in within the last 30 years so there is electric, heating, and plumbing. Any suggestions on potential issues we should be asking about before we jump in? We’ve never looked at land before, so we’re a bit overwhelmed by how much more complicated it appears to be vs buying a house.

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.”
"I've seen both buyers and sellers do this to try and gain some type of advantage in negotiations," says Robert King, a land agent with AlaLandCo; a native of Clay County, Alabama, he has over 10 years experience in marketing and selling property. "It rarely, if ever, works, and absolutely serves to drive the parties further apart." Also, don’t make a laundry list of everything that is wrong with a property you are trying to buy, cautions King. "You must like the property, or you would not have spent all that time figuring out everything that is wrong with it. That just puts the seller on guard and creates a personal barrier." When you impart your wealth of knowledge of all of the property's shortcomings to the other party, you are not likely to make a friend of the seller, says King. You want to be on friendly not adversarial terms with anyone you are negotiating with for the land deal.
I’m learning the hard way about the hidden costs of buying empty land. Unless utilities are already there, it can be VERY expensive to run them from the street to the building site. For example, one parcel we looked at was about 1000′ feet off the main road where utilities are located. To run city water, gas, electricity, and cable could run anywhere from $10-100 per foot! Multiply that by 1000 and I better understand why developers say that they spend the same on running utilities as they do on the land. It may cause us to reevaluate our goals and possibly shift to buying a property that already has a rundown home on it.
48. Using a similar approach to how I find motivated sellers, you can find a list of all the properties in your area that have sold for cash over the past 6 – 24 months. From this list, create a direct mail campaign and contact them. Let these people know that you have some great deals on real estate and that you're looking for investors who want to buy them for cash.

Wow, it was a very good read indeed. I like how this article provided so much good information when it comes to real estate investment. I have my own real estate agency myself and I really like reading the sorts of these, here is another good read before buying a housee. I have learned a few tricks from it and anyone who’s interested in real estate will have a great time with it, too.
That's tricky. It is not as easy to find a buyer for land as it is for a residence. Not all buyers have the resources or the vision to do a project like that. I would say try marketing to a builder that will put something on it, or try marketing to those that would like to build. First, and most important is location. What is in the area. Is it a highly sought after residential area, is it a commercial area. Know what your zoning is, and who this piece of property would appeal to. You have to have some kind of a vision for who it would suit in order to know who and where to market it.
After identifying your likely buyers, try to think like them so you can focus your message to convey what they need to know about your property. Have information ready about schools, shopping and other nearby amenities. For developable land you can be prepared with zoning information and insight from local authorities about the location and capacity of water and sewer service. Each property is different, so customize your information for your situation and your targeted buyers.
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