If either of these things are inhibited, it wouldn’t be highly unlikely that the land can be secured in the way you describe. In a free market, the seller can (and usually will) sell to whoever is offering the best deal at the right time – so if the developer can’t be competitive in this way, it boils down to the old saying, “Beggars can’t be choosers”.
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.
Hi Cassie, sounds like an exciting opportunity! I might suggest that you call your local planning and zoning department. Tell them about the property and what you’re interested in doing with it. Ask them if they know of any particular issues you should be aware of. They should be able to help you check at least a few of these things off your list from the get go.
Comparables for land can be trickier than for home sales in your area. Although the assessor's valuation on your taxes can provide a starting point, consider factors like whether your property has utilities to the property line, views, zoning and any preapproved building plans to determine its worth. Location is always one of the most critical factors. In San Francisco's Pacific Heights area, for example, a buildable cul-de-sac lot of less than 4,000 square feet can sell for more than $9 million.
Once you get over about an acre in size and two or three lots, the complexity of the subdivision process can rise dramatically. The level of difficulty – and expertise needed — can be compounded if you have a site where lots will not front on an existing public road or where utilities and infrastructure must be built. This likely will require you to undergo municipal oversight (possibly even state or federal, for some situations) for the subdivision’s site design and layout, as well as construction of roads, utilities and other infrastructure. In this scenario, you basically are stretching the activity from simply subdividing a parcel to full-scale community and land development.
The trick with vacant land is to understand why it's vacant in the first place. I've run across quite a few vacant lots that seemed attractive at first glance, but eventually, I discovered the reason nobody was using them was that you CAN'T use them. If one (or more) of the issues above are prohibiting someone from putting a property to good use, believe me – you don't want to find out after you already own it.
Today I had a land owner tell me to keep her property in mind, and that she would pay my fee if I sold her land. She said she did not want to list her land with an agent because the previous agent she used did not even bring her one offer during the time of their listing contract. That is understandable from her side, but the odds of me making that sell are pretty slim.
Use a title company if you are not familiar with deeds, deed conveyance and closing of real estate. I prefer First American Title and you can find them anywhere. They will handle the monies, title search, title policy, deed, recording of the deed and pro-rated taxes, etc. Fees will vary and you can certainly negotiate. Typically the seller pays for the title policy and the buyer pays for half of the escrow fees. You can always charge an extra recording fee to offset these expenses.
Contact the owners of surrounding parcels of land to determine if they want to buy it. Sometimes, a land owner will want to increase the size of her holdings. If your land has access to a road, water or another valuable feature, it can be particularly valuable to a neighbor whose land doesn't have that attribute. Your neighbors are also familiar with your land, the area and its prospects, so they should be able to decide more quickly than someone who comes into the area cold.
Be sure to use visual tools to tell the story of your lot or land in your online listing in a beautiful and compelling way. You can’t show photos of a kitchen or great room, so be creative with your lot or land photographs. Use attractive photos of the home site, natural features of the land, the view from your property and even community amenities (see tips for creating great photos for lot and land listings). Use maps and surveys to show the property boundaries and where it is located. Learn more in our related article about 5 tips for selling lots or land with online listings.