If you have created a land contract, youll also need a memorandum of land contract. This is, essentially, an abbreviated legal document that references the main contract created. This simply serves as a public notice that the buyer is interested in the property without you and the buyer having to disclose and record the entire land contract. Because the deed of the property will not be filed until youve received full payment on the purchase price indicated in the contract, this memorandum will be filed with the county and the city to serve as a record that the buyer is interested in the property.
Mortgagee’s consent. If your land is subject to a legal charge you will require the lender’s consent to the sale. If you are selling off part of a larger parcel of charged land you will need to obtain a release. This might mean the renegotiation of your financial arrangements, which again, is sensibly addressed early in the transaction. Speak to your relationship manager and your solicitor.
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Hi Eric – that’s a good question. I haven’t done much work in that part of the country, but I know that (as you mentioned) there are workarounds for both water and power IF you’re willing to pay for it. I guess it’s just a matter of understanding which one would be more expensive to sustain over the long term, and then you’ll have your answer as to which utility is more important.
It is not unknown for restrictive covenants to ban, for example, the keeping of dogs at a property, though the more restrictive covenants you put on a plot, the more they affects the price you will receive. As a rule of thumb, developers expect to pay one third of the value of the finished development for the plot. So, if a £150,000 house can be squeezed into your back garden, you should think in terms of receiving £50,000.
Even if you’ve confirmed that there are no restrictions that forbid subdividing the land (or make it unfeasible), you and your experts also should research the local zoning, subdivision and development laws so that you can understand the layout and size limitations for your planned lots. Each county, city or other authority will have its own regulations that describe important items like current zoning requirements, minimum lot widths, setbacks (front, rear and side), buffers, building heights, required open space and other significant details that affect the size and layout of your lots.
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.
If an application is turned down, it is usually because access to the site is difficult or it adjoins a main road. The ideal building site has frontage on an existing road. As little as 30 ft to the side of your house can provide enough land for a new house, although permission is more likely to be given on tight plots if existing houses in the street are closely packed.