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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?


Thanks Ann! I’m so glad you got some good value out of it. I think you’re probably on the right track in getting outside help with the zoning details – that can be quite a confusing area if you don’t have any prior experience with it. If you have a builder in mind, you may want to get them involved on the front end too – as they will be able to point out most of the important details you’ll want to evaluate before they’re able to start building (even if you don’t plan to build for a while, they’re still great for some free consulting if they’re expecting to help you at some future date).
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.
At the center of everything we do is a strong commitment to independent research and sharing its profitable discoveries with investors. This dedication to giving investors a trading advantage led to the creation of our proven Zacks Rank stock-rating system. Since 1986 it has nearly tripled the S&P 500 with an average gain of +26% per year. These returns cover a period from 1986-2011 and were examined and attested by Baker Tilly, an independent accounting firm.
Something I appreciate about the property listing platform on this site is that you can enter in A LOT of deal-specific details that real estate investors are going to care about, as explained in this video (e.g. – costs associated with owning the property, cash flow details, zoning and uses, etc.). I also really liked the ticking time clock at the top of each listing, as it helps instill a sense of urgency/scarcity for anyone who wants to take advantage of the deal.
 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.
This whole subject always fascinates me, because it’s a pretty difficult question to answer. Even most appraisers don’t really know what they’re talking about when it comes to valuing land… a vacant lot’s true value is usually a very elusive number to nail down. You may want to see this blog post for more details on how I look at it: https://retipster.com/valueofland

Negotiating:  A good agent can help you navigate the negotiation process and give you perspective on what to offer and what to accept in order to help you reach an agreement with a potential buyer. Negotiations are often tense and can become emotional. The agent serves as the go-between, and is paid to defuse and diffuse the negotiating process. A man that I showed land to last week, was planning to sell a property he owned and do a 1031 exchange into a property I have listed. He told me about a cash offer on his tract that was “as good as in the bank” for about $350,000. One of the owners that adjoined this man’s property had made the offer about a month before he came to see my tract. His adjoining owner called back yesterday and dropped his offer from $350,000 to $315,000. Had I been his agent, I would have advised him when the offer came in to go ahead and accept it. His delay in accepting the offer probably knocked him out of buying my listing which he liked a lot.
I make a commitment to my clients when I become their exclusive agent. I never list a property I do not intend to sell. Until a property sells I spend all of my own money in marketing and showing a tract. Agents cannot stay in business if we do not make money. I tell people that my children like to eat every single day, so I give my best effort to selling their property. That is an arrangement that benefits both the seller and the agent.
Do you know if the developer had a local brokerage do the sales for the project you mention? You might want to contact the developer, but I'd also suggest you speak with a Realtor first to get a market analysis for the value of your property. Then decide if you want to put your property on the market or if you want to explore contacting either the developer or the owners of properties adjoining yours to see if there is interest. 

Ideally, you should employ a realtor and real estate attorney that know what restrictive covenants there are and what you can and can’t build on that piece of property, says Veissi. "But you still may need to do some grunt work. Find out how the property is zoned." Zoning ordinances and regulations are laws that define how you can use the property. Depending on your needs, will you have to change the zoning? For instance, if the property is zoned for an industrial warehouse or office building and you want to build a retail outlet. Also, zoning ordinances will typically limit the total height of a building or require a certain number of parking spaces for a commercial building. Opposition to zoning changes by local residents or other invested parties can be fierce—time consuming and costly.

We buy land fast from people for many different reasons.  Unlike what most people guess, it’s actually not usually from people who are trying to avoid foreclosure.  In reality, most land owners just have a piece of property that they really can’t use.  It’s also really difficult to sell most types of land, unless it’s something you focus on……like us!
Great information.. l just acquired a parcel of land on the coast with a beautiful ocean view. The city says it can be broken into three or maybe four lots. It has all at street , water sewer, electricity, etc. for one lot., lm to old to fool with it and needed some ideas of how to market it , pre Estate sale. Your list gives me lots of ideas, where l had none. Thank you so much….
This has got to be one of best articles out there about land investment. Thank you so much for the advises. I live in San Jose, CA and I am also looking into buying land myself to build a residential home on. I’m somewhat skeptical about it as i’m very new to this whole process and afraid i might be stuck on a parcel that is not build-able or would cost too much to develop. The parcel i’m looking at is currently zoned “commercial”, however, the surrounding area is heavily residential so i wonder if this was a city’s mistake. To avoid troubles down the road, I plan to hire a professional for all the permitting and developing advises/estimate (if you know anyone in the Bay Area that provides this type of service, could you please refer?) but I just don’t know how much i can completely close my eyes and just sign wherever i was told by the professional. Any advise will be much appreciated.
I have a home on a lot that is large enough to be subdivided. I met with the city to discuss subdividing and they said that each lot needs a 20′ street frontage (currently I only have a 20′ street frontage. They said that I can subdivide if I put in a drive tract to the subdivided section. However, they would consider the drive tract a road and as a result I would need to remove an attached carport because the rules indicate that a house needs to be 20′ from a road. The only reason that I need the drive tract instead of a typical driveway was to create the 20′ street frontage.

Once we have come to an agreement on the sale of your property, we will prepare a basic purchase agreement. Our typical process uses a very simple and easy to use digital-signature platform to save both the time and hassle of having to send mail back and forth. Agreements will gladly be mailed to you upon request, however most people prefer the speed and simplicity of our standard process..

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