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.

If you want to investigate the situation on your property, you could always order an environmental report. They can either do a high-level look at it (without doing any soil sampling), or they can drill soil borings to verify if there are any chemicals in the soil (which of course, will cost more). I’m guessing you could find out more on whether or not it’s an issue to be concerned about with a quick phone conversation.

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A type of local council zoning covers every home in a suburb. This is a planning instruction that tells developers and planners what can be built on different parcels of land. For most houses, the zoning is low-density residential – this means that only houses can be built on this land. But in some areas, high-density zonings are more common, or even mixed-use zonings. And zoning can change, if the plans for your suburb change. When a piece of land moves from low-density to high-density zoning, it has increased in value for a developer.
Selling land is one of the most difficult real estate transactions to conclude. The seller must create an imaginary future for that land and market it to the appropriate buyers. This involves creative thinking on the part of the owner and the expense of illustrating the future use of the land in the form of flyers and brochures. Obtaining financing is difficult and requires the owner to be flexible on his price and terms if he wants to sell the land quickly.
Particularly in popular neighborhoods and areas where undeveloped space is limited, purchasing existing property for the sole purpose of building a new structure on the land is fairly common. In many cases, developers and building companies will redevelop multiple properties in a neighborhood, knowing buyers will eat up new, bigger homes where midcentury ranch houses once stood.
Rezoning isn’t a quick process, and there are no guarantees. “Sometimes councils won’t rezone because the land is too fragmented and needs consolidation,” Coutts says. “It can easily take four to five years. Some landowners don’t have that time, so it can be a very daunting and upsetting process. You can see why they say ‘just sell it and let’s get out of here’. But if you can wait and manage the process effectively, the rewards can be considerable.”
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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.
Seek a veteran agent who is experienced in land valuation and who understands the implications of location, zoning regulations and parcel size. These are more prevalent at larger brokerage houses. You’ll want the agent to determine what the other neighborhood homes that have been scooped up by developers are fetching and what type of development is planned for your tract. These little nuggets will help you establish a price baseline.
Get your title sorted. This may seem obvious, but title issues will deter developers and delay sales. Unregistered land, missing documents, restrictive covenants, boundary problems, lack of easements, or rights of access or rights of way- these can all be resolved but it is better to address the issue early and ensure the title is good and marketable. Does your land have direct access to the adopted highway? This is one of the key things developers look for.
You can also look to certain companies and organizations that have a concentration of people that may fall in the above mentioned roles such as investment companies (i.e. Charles Schwab, Fidelity), financial advising companies (i.e. Morgan Stanley, Merrill Lynch). There may be a higher concentration of people who can both afford and want to build their own custom homes or to build income-producing properties. Try linking yourself to financial advisors who may already know of people who have these types of dreams. This isn't a comprehensive answer of all the possibilities but just some thoughts. Good luck!
Thinking of selling your land? Whether you’re working with a real estate agent or selling your property on your own, there are certain documents that you’ll need in order to close the deal. While requirements may vary depending on your state, there are a few general documents that you’ll need in order to legally transfer your property to the buyer.
Thank you for the great feedback. Be sure to check out our other tools and resources for real estate agents on LotNetwork.com — this page shows some of the many ways that LotNetwork.com can help agents like you. I think you’ll find that using a land-focused site like LotNetwork.com is a great way to show your clients that you are doing more and working smarter for them. Let us know if you need any help with posting your land listing.
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