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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.
Other options to consider are selling your land with owner financing which makes it easier for people to afford. Trying to find cash buyers can be difficult depending on your asking price and banks don't typically want to lend on vacant land. Also, if you have land you want to sell in a hurry and you'd like to get cash for it there are a number of wholesale land buyers that make be interested in making you a cash offer for your land.
You also have to bear in mind that you cannot be exactly sure how the development will change the landscape of your street, or impinge on your privacy, or cause other problems, until it is actually built. David Henry of FPD Savills cites one case in which the owners of several large Victorian houses clubbed together and sold part of their gardens for development, only to find that their baths would no longer drain properly at certain times of day. The existing drainage systems could not cope with the extra load.
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.
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.
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.