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.
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.
Before getting started, check out a few sample ads for houses and you'll notice that they are emphasizing the benefits and amenities of the house. Don't sell the steak, sell the sizzle. Raw land is no different. Take a good look at what makes your land compelling. Mountain views? Water? Hunting? Recreational area? Good access? In the path of development? Trees? Then get out the thesaurus and use some colorful adjectives to describe the area and land. Of course, you will need a section for just the facts such as: elevation, access, terrain, deed conveyance, taxes, driving directions, GPS coordinates, sewer, water, utilities, mineral rights, etc. I like to use a simple table outlining all of the basic attributes and facts about the land. It is essential that the potential buyer have easy access to this basic information but it won't help sell the land. Your language and conviction about the area need to be conveyed to a potential buyer and that is what will sell the property. More information is always better than less. Once you have your content well laid out then you need to add images.
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.
1. I never use loans when I buy vacant land, because I’m able to get my properties very, very cheap (and I’m only able to do this because I know where/how to find motivated sellers). Most banks won’t lend directly on land UNLESS you have an immediate plan to build on it – and this is why seller financing can be such a helpful tool when selling land (because most buyers will need it in order to do the transaction).
Hi Steve…great article! In my village there is a 1.4 acre lot that is of interest to me, but I don’t want the whole thing. I am only looking at about a third of that. Problem is…the entire 1.4 lot is owned by our local school district and the administration building sits on the front part of it. The backside of the lot (the part I am interested in) is totally unused and mostly wooded. There is a very distinct treeline to where the lot could be divided. How difficult would it be acquire that piece of land behind the building…given it’s owned by the school district?
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.
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FindMyRoof does a pretty decent job of putting together a nice listing that gives all the basic details in an easy-to-follow format. It's not a terribly complex process to create a listing, and the site doesn't draw in a huge amount of traffic – but it is a relatively targeted audience of real estate buyers, which may make the site worth your time and consideration.
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...
Even though Craigslist is clearly the winner in terms of traffic, it's not necessarily the most versatile medium. There are plenty of restrictions in place (like the inability to link to third-party websites and embed videos), however with the tools that are available – it's more than enough to inform buyers about what the property has to offer and drum up enough interest to generate some legitimate leads and sales.
When you take advantage of this option you don’t have to go through all the aggressive marketing tactics that are needed for property selling. You are not going to be using up time by having to conduct showings of the property. You are not going to be hassled with a bunch of leads that you generated that really were not the right target market for you. When you want to sell property fast then time is the priority and this is one of the major benefits you derive with the, we buy land option.
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.
The main problem you will be faced with when you go to sell land online is that you have to create an imaginary future for that land that the potential buyer will see and buy into. It is simply not enough to say “hey, I want to sell my land fast” you need to work with the buyer to create that vision of what the land can do for that potential new owner.
Showing: Once a prospective buyer becomes interested in your property, they need a way to see it. Land professionals can do that in several different ways: by walking over it, using an ATV or UTV, or by SUV or truck. A potential buyer must see the property and all of its key features to truly decide if they want to purchase it or not. I find 90% of the time, if a property is well-priced that its location and features are generally what convinces the buyer to make the purchase. But to become convinced they must see it, all of it. Last week a residential agent asked to show one of my tracts that is nearly 300 acres. I told the agent I would be happy to show the property and that you have to be equipped to show the property. They asked, ”Do you mean, I would need a big truck?” This agent drives a Toyota Camry, and there are water bars on the property bigger than this car. You do not want to hire an agent that is unwilling or unequipped to effectively show your property.
I have done business with landcentury for 5 years now. I am very pleased with the experience I have had with them, and have always found them to operate with honesty, integrity, and dedication. They are committed to offering the best price while making sure they are selling a property that they believe a real estate buyer will be happy with. They are available, quick to answer calls or return messages, and always cooperative and accommodating. I would very strongly recommend landcentury.com to anyone.
I think I’m in trouble….because I signed a contract for a 1.23 acre land and I haven’t ordered a perc test…the land couldn’t perc about 8 yrs ago according to the owner…. the piece of land is near other homes, that are build on an acre of land or more…. it is near a state park as well…. There is a stream called gunpowder that is near this area…. I am scared to death right now…. my contract doesn’t have a contingency to a perc test passing…it is full of trees too. So I know the land needs to be cleared… in your experience is there a way to cancel a contract or a way out….the contract has already been sent to a title company….. I need help asap…. thanks
Jonathan is passionate about helping people buy and sell land. He is an associate broker with Southeastern Land Group, LLC (SELG) and is the Responsible Broker for the company in Mississippi. Jonathan is an Accredited Land Consultant (ALC), working with Southeastern Land Group (AlaLandCo) since 2008, serving Alabama and Mississippi. He is a member of the Alabama and Mississippi chapters of the Realtor’s Land Institute (RLI), and is currently serving as Vice President of the Alabama Chapter. Jonathan specializes in marketing rural properties online, and is a contributor for LANDTHINK.com, writing articles focused on helping people buying and selling rural land.
Hi Chris, thanks for the comment. That’s a pretty subjective question (there are a lot of variables to consider), but I don’t see how it could hurt the value of your overall estate. The question is – what is the land actually worth? Is it worth more or less than $25K? One way to find out would be to follow the ideas in this blog post. As long as the property is worth substantially more than $25K (and assuming you actually want the additional land), it’s probably a worthwhile investment… but again – it’s impossible for me to tell you anything concrete without looking at everything (which I can’t really do).
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.
The modern real estate housing market fluctuates on a daily basis. While houses typically sell quickly, most vacant land parcels are stagnant and can be difficult to sell. Land owners can find it nearly impossible to sell their land. You will more than likely have possession of your property for a long time and continue to pay the real estate taxes while you own it.
If you feel that you have been a victim of real estate fraud, there are many resources available for you as the victim. Your first step is to contact the local District Attorney’s office and report the incident. Our office will stand by you and provide any relevant information to support your claim. Here are additional agencies that can assist you and provide more resources:
Thinking of selling your land? Whether youre working with a real estate agent or selling your property on your own, there are certain documents that youll need in order to close the deal. While requirements may vary depending on your state, there are a few general documents that youll need in order to legally transfer your property to the buyer.
When you make the statement that I Need to Sell My Land Fast it is most probably because some circumstance has arisen in your life that has created a need for getting rid of the property. Inheriting land, or being stuck with a vacant property you don’t know what to do with and don’t want to build on can seem suffocating. It could be that you need the money that you will glean from the sale. Or, it may be that you are moving and will no longer be able to care for it. Then possibly you are following the market trends and feel now is when you will get the best return on your investment.
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.
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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.
If you really are looking for that sell my land fast solution you need to be prepared to also work the contacts that you have made yourself over the years. Make sure that you tell all those who you come in contact with both on a social or business level, that you have land for sale. They, in turn, may pass the word along. Networking is everything in this technological age and selling land online in no different.
Your potential buyer needs to see more than just the words you use to describe the land. They also need to visually connect with the property via high quality maps and pictures of the parcel and surrounding area. You don't need to have 50 pictures but you do need at least five or so to give the buyer an idea of the terrain, soil and views as well as the road of where they would access the land. You should include a plat map (call the county for a copy), general area map (I like to use Google Earth for maps) and a topographic map is always helpful as well. You can always contact a local surveyor if you need help preparing the maps and getting the GPS coordinates.
I’m impressed with the amount of effort that went into putting this article together! And I can also say that these tips are all great. People don’t understand the power of the internet, and how many free resources there are out there when it comes to selling your house. I’m glad you put this together, this is some really valuable information! I buy houses in south texas and I will be sure to share this article on my social sites! I’m always looking for valuable content to share. Thanks!
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.
My only real complaint with Zillow is with their video feature. While I'm certainly glad they provide ANY options to add video (unlike most of the free listing sites I've come across), I'm not a huge fan of their 2-minute self-shot video option. It's not easy to show a property in it's best light in under 2 minutes and/or by only using the camera in your pocket. It's unfortunate that they don't offer the ability to upload or embed a higher-quality, better-produced video. If they added this option, it would be a MAJOR improvement to their FSBO listing platform.
Since land is often a unique commodity, it can often be a pain for you or an agent to try and sell it. Land is often hard to value, and most buyers lack vision for what it could become. And that’s not to mention the fact that you have to be available to show it and explain the same land package over and over again to lots of potentially interested buyers.