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.


Selling land is usually a more complicated process than selling improved property. When you sell a property with a building, its use and value is established by the building on it. Before buying unimproved land, most buyers want to investigate what they can do with it to determine what it's worth. At the same time, the buyer pool for land is usually smaller than the buyer pool for improved property. With this in mind, selling land quickly requires unique strategies.
If you find items during your review that may be problematic, you and your attorney should evaluate them carefully to find a solution, or see if you are able to get title insurance that provides specific coverage to protect you and ultimately your buyers. But never ignore a tricky restriction or convince yourself that it won’t be a problem. Beware, even the pros can get into trouble if they become too wedded to their grand plans. You may get away with bypassing restrictions for a while, but doing so can cost you down the road – especially when trying to sell or finance the property. We’ll describe more of these real-world risks in the second article.
When you are buying and selling lots and land, working directly is often the best way to go. Agents don’t typically put in the time or energy that they’d put into a selling a house. Comparatively, the commissions are low, and the land market is slow. When a parcel is listed on the MLS, the price is often inflated to cover commissions and other fees that will offset the seller’s profit. Typically there is less money and less effort put into marketing a piece of land, so it ends up sitting there, with the price being slashed time and time again.
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.
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.
By submitting the information in this form, I give my consent for Landmark Properties, LLC d/b/a Landmark Property Buyers to share this information with its network of affiliate real estate investors. Furthermore, I give my consent for members of this affiliate network to contact me about purchasing the above-mentioned property. I also acknowledge that there is no obligation on the part of Landmark Property Buyers or any member of its affiliate network to extend an offer to purchase my property. By submitting this form I am granting Landmark Property Buyers and its affiliate network my full permission to review the information contained in this form and to contact me about the possibility of purchasing this property. I also agree that Landmark Property Buyers will not be held liable for the actions of the members of its affiliate network. These actions include but are not limited to, sharing my information with third parties and unsolicited attempts to communicate with me. I also confirm that the information contained in the form is correct to the best of my knowledge.
When you make the statement that I Need to Sell My Land Fast it is most probably because some circumstance has arisen in your life that has created a need for getting rid of the property. Inheriting land, or being stuck with a vacant property you don’t know what to do with and don’t want to build on can seem suffocating. It could be that you need the money that you will glean from the sale. Or, it may be that you are moving and will no longer be able to care for it. Then possibly you are following the market trends and feel now is when you will get the best return on your investment.
While often unpopular with locals, people who wish to cash in on their gardens get a lot of help from planning laws. According to Craig Noel of Strutt & Parker, it is becoming very difficult for planning authorities to resist applications to build houses in back gardens, thanks to one of the new planning guidelines, PPG3, which obliges houses to be built at higher densities in future.
Hi, Jane. Some of your situation will depend on local regulations (as always), but I would think you could handle this scenario by subdividing the 2 acres off as a building site but your son still keeps the land in his name. In other words, there likely is no need to transfer the property to you at all (unless you just wanted to do it that way). If he keeps title you also may avoid incurring unnecessary taxes, transfer fees and other transaction costs. Check with a local real estate attorney, and good luck!
Since land is often a unique commodity, it can often be a pain for you or an agent to try and sell it.  Land is often hard to value, and most buyers lack vision for what it could become.  And that’s not to mention the fact that you have to be available to show it and explain the same land package over and over again to lots of potentially interested buyers.

A farmer may want to expand his or her land, and your 3-acre lot is perfect for grazing. If you have land that is in a residential area, your neighbor may want the opportunity to have a bigger property and will buy your land for premium since it is adjacent to their land. And these are people you probably know and trust, which makes the entire sales process more pleasant.
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.

Even though you hope to sell that land fast or to sell that land online you will still want to ensure that you have a sign or two made and placed in a prominent spot on the land in question. This way anyone driving past the land will be able to see that the property is for sale and can get a hold of you in the easiest way possible. This especially true when you want to sell land by owner as you may not have to ability to reach as many potential buyers as a property listed in the Real Estate databases, you need to in effect create your own marketing and having a sign will help to advertise when you want to sell land fast.
Investors look for future potential. A priority would be to look at a municipal developmeant plan to see if the property is within a plan area. Personally, I would never invest in land that is not already under a municipal area structure plan. If you want to take a risk, you could look for land that was in the obvious path of development and be prepared to hold the land for a very long period of time.
If this process overwhelms you, consider hiring a land broker. A land broker will take a commission but they will handle all of the above for you. Hopefully they will price the property so that you make almost as much as you would have without hiring the land broker meanwhile it saves you a lot of time and hassle. I do not recommend working with a land broker who charges a flat upfront fee even if the property doesn't sell as there is no built-in incentive for them to sell the property. Keep on top of them and make sure they are doing their job. Unless the commission is hefty, a land broker isn't going to care as much about selling your land and may end up just listing it on their own website and letting it sit there forever. Communicate regularly with your land broker so your listing remains a priority for them even if it's just to get you off their back!

I agree with Ellen Chung, finding the right type of buyer to target is very important. Also, you should consider the amount of time you have to sell the land. If you are short on time due to back taxes owed or other financial obligations, your best bet may be to talk to a vacant land investor. You will not get the full market price for your property, but the typically can pay cash and close quickly.

When you sell land by yourself, this is called a private sale. So, you will need to find a private buyer. It may help you to talk with local farmers if you are looking to sell raw land; farmers have all kinds of experience in purchasing land for their crops. If you are selling your land on your own without the aid of a real estate agent, this next section is for you.
This is fraught with problems due to human fallibility. As long as you and your neighbor(s) get along great, everything’s fine, but there are about a million ways for it to go wrong. If he get’s pissed off at you, your water goes off. If he dies and stops paying the electric (pump) bill, your water goes off. If he decides to fill his private lake and uses up all the water, your water goes off. What if it was originally his well, you move in, then a month later says the well has to be redone – are you paying for half of his expenses enough though you just got there? If you refuse, your water goes off. The possibilities go on and on… so keep it in mind.
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.
Hi David, I think it has everything to do with the zoning of the property, and what the local municipality will allow you to do with it (given the size, shape, location, and what exactly you’re hoping to do with it). Once you have a specific property in mind, you could find out pretty easily by calling the local planning & zoning department. Just ask them what can be done with the property, and they should be able to give you your answer!
You have to be careful, however, that the access road you create cannot also be used for subsequent developments in neighbours' gardens. Otherwise the developer, having bought your garden, will knock on your neighbours' doors and buy several back gardens. If this happens, Mr Noel said: "The access road beside your house, which you thought was only going to be used by a couple with one invalid carriage suddenly becomes the way into a development of 30 homes."
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.
Sorry if it’s too commercial but beycome.com syndicate your listings on a lot of websites as Yakaz, Mitula, Nuroa, Listanza, Trovit, globallistings., waa2, Gvanga, Oodle, Geebo, Global free classfieds, Domesticsale, Recycler, Zumthing, Next-immo, Claz, Classifiedsgiant, locanto, Askalo, sell.com, rentalads, Zumper,Lycos, Yahoo, Msn, aol, Google, bing, facebook, duckduckgo, youtube… and it’s free;)
Your potential buyer needs to see more than just the words you use to describe the land. They also need to visually connect with the property via high quality maps and pictures of the parcel and surrounding area. You don't need to have 50 pictures but you do need at least five or so to give the buyer an idea of the terrain, soil and views as well as the road of where they would access the land. You should include a plat map (call the county for a copy), general area map (I like to use Google Earth for maps) and a topographic map is always helpful as well. You can always contact a local surveyor if you need help preparing the maps and getting the GPS coordinates.
Land Agents have Expertise: True land professionals know how to price and market properties effectively. Any agent you are hiring should be able to clearly articulate their strategy for selling your property. A good agent will employ multiple prongs for engaging prospective buyers, including advertising in print media (when appropriate), on the internet in key places people look for your type of property, and other avenues such as signage or word-of-mouth. Good agents have a proven formula for attracting the attention of quality buyers. I have my own multi-point system that I use for each listing that generates results.

Offer owner financing. Land is usually hard to finance and if you're willing to take back a mortgage for the buyer, you'll expand the number of people who can buy your land. On the other hand, you're also taking the risk that the buyer won't make his payments and will default. To protect yourself, work with an attorney to draft strong legal documents that follow your state's laws and get as much money up front as is reasonably possible.
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.
Looking to make money off your parcel of vacant land? Sell it today to Land Trust Company! We are not real estate agents, nor are we affiliated with any real estate agency. We are a network of private investors with the resources to buy your property now! There are NEVER any fees, commissions or other charges to you. We make the sale easy for you and put cash in your pocket fast! Simply fill out our online property assessment worksheet and you will receive a written offer from us.
 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.
Something I appreciate about the property listing platform on this site is that you can enter in A LOT of deal-specific details that real estate investors are going to care about, as explained in this video (e.g. – costs associated with owning the property, cash flow details, zoning and uses, etc.). I also really liked the ticking time clock at the top of each listing, as it helps instill a sense of urgency/scarcity for anyone who wants to take advantage of the deal.
LoopNet operates the most heavily trafficked commercial real estate listing service online, with more than $425 billion of commercial real estate for sale and 5.1 billion sq. ft. of commercial real estate space for lease. LoopNet also attracts the largest community of commercial real estate professionals looking for Land with more than 7 million members comprised of brokers, corporate executives, service providers, and more than 3 million buyers, tenants and other principals.
×