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.

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.
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Disclaimer: The information published in this section is of a general nature only and does not consider your personal objectives, financial situation or particular needs. Where indicated, third parties have written and supplied the content and we are not responsible for it. We make no warranty as to the accuracy, completeness or reliability of the information, nor do we accept any liability or responsibility arising in any way from omissions or errors contained in the content. We do not recommend sponsored lenders or loan products and we cannot introduce you to sponsored lenders. We strongly recommend that you obtain independent advice before you act on the content.

One of the most important first steps before subdividing your land or land you wish to buy is to make sure there are no restrictions that will block your plans. Everything from ordinances, neighborhood covenants to deed restrictions may prohibit – or fatally complicate – your plans. Review these items carefully, plus order a professional title review (typically through a real estate attorney) so that you can understand whether there are any deal killing issues that apply to the property and prevent subdividing.
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.

For most commercial properties, the best way to do this is by ordering a “Phase I Environmental Report” (many banks will automatically require this because it affects their collateral). This report will identify if there are any “Recognized Environmental Concerns” (RECs) on the property that you need to worry about. If you neglect to do any environmental due diligence, the liability for any existing environmental contamination on the property could ultimately fall on your shoulders – making it very difficult and expensive to sell the property in the future.

I really appreciate your posting this blog subject. I would ask the neighbors and previous owners what they know. If applicable, go to the Planning and/or Building Department and find out what permits have been issued for that parcel in the past. You might get an indication of what waste products might be on the property. You should also contact your state’s department of the interior or forestry department to see if there are any endangered species, plant or animal, located on the property. Contact the Sheriff’s department to see if there have been any reports of drug manufacturing on the property. If they don’t know, they may be able to direct you to the correct authority. Not all drug manufacturers use stick built houses to do their business (trailers and vans). Also, if there is a stream or creek on the property, you should investigate what is up stream from your property; like a turkey or hog farm or dairy. These may affect the water in the creek upstream, but they may also smell bad coming from the prevailing wind direction. Ask the neighbors.
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….
Having a knowledgeable professional on your side always helps when selling your lots and land. There are many benefits from having specialized expertise on board, so we encourage you to work with a real estate agent who specializes in lot and land sales. They will help you understand the market, set a price and market your land to the right buyers.
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