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.
Hey Seth, as always great article! I found the free online marketing ideas (like posting on Craigslist) especially creative and helpful. Thanks so much for helping me through the stressful process of selling my home. Since you asked what other creative tips I’ve found–I read this eBook in my research and found it so helpful that I thought I’d post it here in the chance that it could help someone else. Here it is: https://www.homelight.com/sell-your-house-online-ebook
We own about 4 acres with a house on it and a land locked property adjacent to ours is for sale. The owner came by to offer it to us for that reason. It is a 17 acre raw piece of land with a creek and cliffs really is a beautiful property. The town values it at 18K with annual taxes of about $600. He wants 25K for it and has owned it for about 50 years. The value to us is as a private wild life refuge which we could hike and camp. It’s in the Hudson Valley and close to transportation to NYC. We plan to be in our home for at least another 15 to 20 years. Would this add any value to our home or be an asset at the time we sell our home?

Very interesting read. I am looking at some desert land in both NV and AZ. They are between 40-80 acres each. My budget seems to afford places that either have an old well, or power at the lot line, but not both. Which utility do you feel is initially more critical to have of the two? I know adding a solar system or having power brought in is very cost prohibitive, so my thought was to go with the power on the lot. I figured I could always have water trucked in and stored in a tank since the properties are easily 2WD road accessible. I figure that buying property with an old well may be worthless and not worth the price increase of the property. And I have been reading that drilling a well is a gamble. Thanks in advance for some insight.
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.
These can include a requirement that you dedicate part of “your” land that is in the road right-of-way to the local government, causing you now to be working with a smaller parcel. Other rules may require you to build or improve roads, sidewalks, curb and gutter and even to plant trees. In addition, you also may be required to install water and sewer connections and meters for the lots, or to pay capacity fees, impact fees and other assessments when adding the new homesites.

Another benefit of subdividing for homeowners who would like to liquidate some of their real estate without having to sell the farm (literally), is that they may be able to both cash in on a portion of vacant land and stay put on the rest. Holding onto some of their land can give that property time to increase in value as the surrounding subdivided land becomes developed.
I requested a quote 13 days ago & I accept the fact that you are back logged & it could take up to 14 days to get a written response. I just hope that you seriously consider our property for purchase. It really is a great lot. We had plans 13yrs ago to build a house with a walkout basement & even add a pole barn to the property. Times change, situations change & we've been trying to sell this since 2008. I'll keep my fingers crossed & hope that I hear a response with an offer very soon. I appreciate that you look at every property & realize it might take a little longer than 2 weeks to hear something. Thank you very much for your consideration. Amy
Steve, my son in-law has 10 acres of land. About 13 miles from a town & we have talked about me living on a small part of the land he would need to subdivide about 2 acres to me. But if he does sell me these aces. I want to make sure that he gets the land back can the land be in both our like a car title. & being I am getting older it would be nice to live close to one of my family members. & I love to out country. Jane
Amazing and brilliant ideas and really thanks for sharing them, I will join a new property management company next month as sales manager and they have around 790 units for sale from villas to an Appartments and this field is so new to me and I know it will be a big challenge since the market is down and economic situation is not that much good, your ideas helps me a lot and would appreciate if you or any other would share another smart ideas of how to reach buyers and how to manage my team in my first month so I will take the lead
If you have plenty of time and are not in a hurry to sell the property, and would like to do very little work I would suggest listing it with a broker. They will be able to create a listing for the property, answer phone call and emails, and handle the closing. The downside of this approach is comes at a price and you typically only get local exposure and most real estate agents who deal with both land and homes will most likely put more effort into selling their homes as the commissions are greater.
I have a brokerage in Indiana, Kentucky, and Tennessee that focuses specifically in land, so what I have done is created a nationwide advertising service to attract more buyers. I advertise on several investor channels like CNBC, Bloomberg, Fox Business and then also channels watched by people interested in land and the outdoors like the Outdoor Channel.
Hi Debbie – that’s an interesting question… I’ve never heard of that one, but I suppose I can see why you might wonder. I’d have to imagine any harmful chemicals from a cemetery would be in extremely trace amounts (nothing like you’d expect from a gas station), but at the same time… I’m not an environmental professional, so I’m really not qualified to give my opinion on it.
If a property doesn't pass this test, you could have a very difficult time building any type of dwelling on the property, so unless you're able to tap into the municipal sewer system (which will negate this issue altogether), be sure to give the county health department a call and ask them what is required to install a septic system (or connect to the local sewer) in your area. For a detailed overview of how a perc test works and how to verify the status of this issue, check out this blog post.

Hi Seth – My brother-in-law and I are looking to get into real estate investing and have our eye on a piece of land (we want to start small, FYI). It is 1 of 8 lots, all of them are only 1,742 sq ft, for commercial use only, and the lot we are looking at is the end lot…My thought is, buy now and hold on to it for a length of time until a developer comes along and wants to buy all 8 lots. This would obviously need all sellers to agree to sell which I am not sure how tricky that would be. My question is, do you see any chance for money to be made here? The lot is in a great location and I honestly can’t believe nothing has been built there yet. More details: $16,500 for the lot, taxes are $1,087 / year which I know is a little high based on what you stated above but even so, after negotiations, I think we could get taxes down to 4%. I know it might be hard to say, ‘yes you will make money’ or ‘no, you won’t’ but just wanted any insight you could give.
Double check ad data for any property you’re considering; they’re often full of mistakes – not necessarily misleading information, but it comes from laziness. What doesn’t help is that when a listing first gets posted, apparently nearly all real estate websites post it as their own without checking it for accuracy. For example, we’re considering a property that has multiple issues:
If you are a potential buyer looking to purchase property directly from a seller - Many properties are available across the country and outside of the U.S. including vacant residential lots, large acreages, homes and ranches, hunting and fishing properties, investment properties, land ready for development, commercial buildings and much more. View Listings.
Environmental issues. Contaminated land is what springs to mind when environmental issues are mentioned, but in this scenario, what is most likely are potential flooding or drainage problems. A history of flooding or waterlogging is clearly not going to be welcome news for a developer, but equally if the land has been used for potentially contaminative uses in the past or is near to sources of contamination, remember that remedying any actual contamination is costly and will significantly affect the value of the land. Any past surveys or reports that have been carried out should be to hand if required.
It’s an odd phenomenon, but believe it or not – there are thousands of properties all over the country that have no road access. They are surrounded on all sides by other private property – which (according to some) deems the land virtually useless. In a sense, these properties might as well be on the moon – because nobody can legally access the property.
Very good question, Trevor. We plan to do a blog article on this subject soon. You are pretty much on the mark with your example of 25% of the final to-be-built home’s value as a rough guide to a lot’s value. You’ll see that some markets use different valuations (even within the same city or region), but in many markets an estimation of the value of the lot generally can range from around 20% of the home value (for more rural or lower price point homes) up to around 30% or more (often for higher end communities or for urban/infill areas with less lot supply and higher home prices). Of course for some lots/properties these rules simply don’t apply, like oceanfront lots or land with other unique characteristics.

All four of these elements impact the value of your land dramatically.  We speak with hundreds of land owners each month who did not take some of these elements into consideration when they purchased and they have difficulty coming to grasp with the reality of the value of their land.  Each situation is very unique and the marketplace is not very forgiving at the moment.  Read the rest of this entry
Very informative articles, and exchanges. I have a general question about subdivisions. I am looking to sell a 5 acre parcel, that would accommodate about 45 lots. The lots would be sold, with houses built, for a minimum of $750,000 each. Would you say there a rough guide, as to what percentage the cost of land should be for each lot sold? Obviously, the lower the cost of the acquired land, the better for the developer, but I’m just wondering if there is a ‘rule of thumb’ in the business. For example, no more than 25% of a lot’s sale price should go towards the cost of the land? I am not looking to push the buyer to their break-even point, but I want to get a fair price too.
Amazing and brilliant ideas and really thanks for sharing them, I will join a new property management company next month as sales manager and they have around 790 units for sale from villas to an Appartments and this field is so new to me and I know it will be a big challenge since the market is down and economic situation is not that much good, your ideas helps me a lot and would appreciate if you or any other would share another smart ideas of how to reach buyers and how to manage my team in my first month so I will take the lead

Promotion Agreements. Agreements of this type are arguably now more popular amongst developers than traditional option agreements. They allow the promoter, often a developer or specialist planning consultant, to apply for and obtain planning permission at their own cost. Once planning consent is obtained, the landowner must sell and the promoter receives their fee out of the proceeds. BHW has produced a detailed article on this type of agreement. Landowners will need to negotiate to protect their interests under these agreements and specialist advice is essential. One of the points to consider is how long you are prepared to be tied into such an agreement.
The listings on Fizber are pretty basic, and like most of the sites on this list – they're geared towards properties with improvements. The site gets a respectable amount of traffic (given that it's focused solely on the real estate crowd), but it's not quite in the same ballpark as Zillow or Craigslist. Overall, it's not a bad option to work with, especially if you're interested in blasting your listings out to the MLS as well.
These can include a requirement that you dedicate part of “your” land that is in the road right-of-way to the local government, causing you now to be working with a smaller parcel. Other rules may require you to build or improve roads, sidewalks, curb and gutter and even to plant trees. In addition, you also may be required to install water and sewer connections and meters for the lots, or to pay capacity fees, impact fees and other assessments when adding the new homesites.
4. eBay.com – Once our top selling venue, eBay is still a great place to advertise and gather buyers and drive them to your dedicated selling website. Cost to post property for a 30-day auction style sale, is a $50 insertion fee with a $35 notice fee when the auction ends. Other sale types are “buy-it-now”, which is a fixed price type with same fee structure. Think of eBay as; $50 per month worth of advertising to reach potential sellers.

Hire an appraiser to determine the value of your land if you don't have the market knowledge to do it yourself. Without knowing what your land is worth, it will be hard for you to assess the strength of the offers that you receive. The appraisal will also determine the highest and best use of the land, and you can use that information to target your marketing activities.

A really rough guideline that alot of spot-lot developers use is that the land should be somewhere between 10 and 15% of the sales price of the home. So, if the homes on ten acres were selling for $1 million, the developers were likely paying $100-150k for the lots. The home on your lot would likely sell for substantially less given the smaller lot size, so expect less for the land sale.
The hard part, however, is getting your neighbours on board if that’s what you’d like to do. Offering a developer a larger parcel of land can be more profitable for them, and therefore more lucrative for you. This will require negotiations and time, possibly between yourself and your neighbours or between your agent and the neighbours. Be prepared that not everyone else will want to sell, even if there’s a big payout promised. Make sure that the extra effort will be worth the final sales result by comparing an estimated selling price for your home with what your portion of the sale will be if you sell to a developer.

If you’re looking at a vacant lot in the middle of the desert or near the top of a mountain with nothing around for miles, you will probably want to verify with a professional that water will be accessible if/when you need it (and if your only option is to have it hauled in by truck, you'll want to get an idea for how much this will cost on an ongoing basis).


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).
Any ‘extraordinary’ costs relating to the development of your site.  For instance, because of geological conditions the site – or part of it – may need more expensive foundations.  If part of your land contains a site inhabited by rare animals, such as newts, the developer may be required to create a new habitat for them on a different part of the site and even provide ‘newt crossings’ to encourage them move to their new home.  This is expensive and time consuming work and developers will ask for additional deductions, based on their view of the costs of this work.  You need to be able to understand the calculations they are making and be reassured that they are fair and reasonable

Thanks for the article Seth. Very informative. Vacant land is one of those types of property I’m coming across in my search for good deals on houses. I’ve been a little brave offering people a cash offer for their lot. Only to find out later the parcel has a myriad of challenges. (Most of which could be dealt with-time and money, but still not worth it). Thankfully nobody took the deals yet. I have learned a lot and gained more understanding. I am closer to getting raw land at a great price that is build-able! Articles like yours, helps guys like me, stay focused and saved from troubles! As we know the bigger the challenges and unknowns the higher the risk-and the payday. Tread carefully.
BIG TIME CLASSIFIEDS at http://www.BigTimeClassifieds.com is a great new two year old free classifieds site offering free ads, unlimited text, hyperlinks clickable directly to your site and even video to bring your ads to life. Categories for Real Estate, Boats for Sale, Electronics, Services, Products, and pretty much everything. New User Accounts are OK’ed usually within a couple of hours. Just don’t over post the same item or service or they remove your account for life. Excellent SEO at this site for your ads – be sure to enter keywords.
Any ‘extraordinary’ costs relating to the development of your site.  For instance, because of geological conditions the site – or part of it – may need more expensive foundations.  If part of your land contains a site inhabited by rare animals, such as newts, the developer may be required to create a new habitat for them on a different part of the site and even provide ‘newt crossings’ to encourage them move to their new home.  This is expensive and time consuming work and developers will ask for additional deductions, based on their view of the costs of this work.  You need to be able to understand the calculations they are making and be reassured that they are fair and reasonable

But do not — and I repeat — do not try selling directly to a developer/builder. These folks, when dealing directly with a property seller, will base their typically lowball offers on a “fair market value” determined by appraisers they hire, who are typically agenda-led cronies. Such offers will almost certainly not take into account the recent increase in land values that all this upscale multi-tenant development is creating.


A major issue that we see when people try to sell property to their friends is that they’ll cut breaks for their friends. Perhaps their friend doesn’t have the money, so they’ll allow for later payment while transferring the property to their friend. Always ensure that you are engaging in a business deal that is within your best interests. If your friend does not have the money to buy the land, have a contract written up with payment details and guidelines. Never trust someone blindly - this is a business deal and should be treated as one despite your friendship.
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.
To be honest, I actually had a hard time with this site at first. For some reason, it was automatically flag and removing all of my listings almost immediately after posting… which was a little problematic. I'm still not sure why it was doing this – but I'm guessing it was because my listings were all for vacant land, and these properties typically don't have a verifiable street address. That being said, if you can actually get your listings posted successfully – the ads do a good job of highlighting all the important details in a short amount of space.
2. The answer to this question depends entirely on the property, how much timber is on it, and how much money you can get from the sale of the timber. If you’re really lucky, you might even be able to sell the timber for more than you paid for the property itself (however, I would say this is more the exception than the rule). You might want to check out this article for some more insights if you haven’t already.

Thanks for sharing great information about selling land online. I also have acreage of land for sale. I didn't want to spend money on hiring a real estate agent. But I was confused how can I sell my land without the help of an agent. After reading your blog, now I'm confident that I can sell my land easily. Once again thanks for sharing your thoughts.
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.

I probably wouldn’t go so far as to put down a gravel drive or anything else yet – simply because you don’t know what your buyers will have in mind, and they may want to go in a different direction with the property altogether… but something as basic as a perc test and survey will apply to most potential buyers (and it’s not terribly expensive to do).
The way that we found it was by checking our local county tax assessor site and seeing that it was vacant and owned by a gentleman who lives out of state. It wasn’t on the market, but I asked our realtor to contact him and low and behold he is willing to sell (it was inherited). As soon as we were ready to make an offer, he stated that he wants to go forward with an independent appraisal to see what the value is since he does not live in the area, which I understand (he is also a realtor in CA).

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I’m so happy that you mentioned to send out letters to your neighbors that say you are planning on selling your place. My sister had the worse time trying to sell her place. She put ads online and in the newspaper, talked to real estate agents, and tried other methods. It wasn’t until she sent letters out to her neighbors that she got a response. All in all, don’t give up! You’ll find someone to buy your place one way or another!
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