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.
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.
I have lived on this property for 20yrs. Its in Harrison county in WV, I have been trying to buy it for 20yrs. I have a doublewide on a permanent foundation, a 16×16 permanent building, a pool with a 40×60 deck around it, all underground utilities, septic tank with fields, and $10,000 road and parking to the house, THIS IS ALL INVESTED BY ME,, this was all on a verbal family deal , (a hand shake like in the old days, when your word actually meant something) and we were supposed to be the first option to purchase if sold , now they have put it up for sale, we have offered them $1,000 over asking, they have not accepted our offer, they have continued to keep advertising the property for sale, what are my rights as a buyer when this situation occurs as a buyer that has a dwelling on this property for 20yrs.

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.
Writing a legally enforceable contract for sale with your buyer means spelling out any contingencies like the buyer obtaining financing if needed and doing due diligence to ensure the property suits intended needs. Look online to review real estate land contracts for your state to ensure that you don't overlook crucial factors. Processing the sale through an escrow at a title company will ensure that there are no liens or other claims to the deed that could cause problems down the road. Title companies also make sure that all legal details are in order, all documents are properly prepared and signed and the deed is officially recorded.

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:
"I've seen both buyers and sellers do this to try and gain some type of advantage in negotiations," says Robert King, a land agent with AlaLandCo; a native of Clay County, Alabama, he has over 10 years experience in marketing and selling property. "It rarely, if ever, works, and absolutely serves to drive the parties further apart." Also, don’t make a laundry list of everything that is wrong with a property you are trying to buy, cautions King. "You must like the property, or you would not have spent all that time figuring out everything that is wrong with it. That just puts the seller on guard and creates a personal barrier." When you impart your wealth of knowledge of all of the property's shortcomings to the other party, you are not likely to make a friend of the seller, says King. You want to be on friendly not adversarial terms with anyone you are negotiating with for the land deal.
This has got to be one of best articles out there about land investment. Thank you so much for the advises. I live in San Jose, CA and I am also looking into buying land myself to build a residential home on. I’m somewhat skeptical about it as i’m very new to this whole process and afraid i might be stuck on a parcel that is not build-able or would cost too much to develop. The parcel i’m looking at is currently zoned “commercial”, however, the surrounding area is heavily residential so i wonder if this was a city’s mistake. To avoid troubles down the road, I plan to hire a professional for all the permitting and developing advises/estimate (if you know anyone in the Bay Area that provides this type of service, could you please refer?) but I just don’t know how much i can completely close my eyes and just sign wherever i was told by the professional. Any advise will be much appreciated.

Also note that many landowners think they “own” all of the land along the roadway in front of their property, but often that land along the existing pavement is owned by the local government or DOT as part of the public right-of-way. Mailboxes, landscaping, fences and walls often are built in the right-of-way, but will need to be removed or relocated for road improvements. Confirm with a survey where your property line actually ends along the right-of-way.
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.
Hi Steve…great article! In my village there is a 1.4 acre lot that is of interest to me, but I don’t want the whole thing. I am only looking at about a third of that. Problem is…the entire 1.4 lot is owned by our local school district and the administration building sits on the front part of it. The backside of the lot (the part I am interested in) is totally unused and mostly wooded. There is a very distinct treeline to where the lot could be divided. How difficult would it be acquire that piece of land behind the building…given it’s owned by the school district?
As for whether the seller will accept a lower offer – you’ll never know until you make the offer and wait for his response. It could obviously go either way, but my philosophy is usually to err on the lower side – because unless he’s got other buyers waiting in line (which I doubt he does), you can always come back with a higher offer later if you really want it that badly.
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Do you have land that you would like to sell and are unsure of how to progress? We welcome your call, whether it's to sell or buy land. You can be sure of a helpful and professional approach. We utilise the latest software and systems to source and sell land, enabling us to assess land parcels quickly and appraise the planning potential for most sites, saving you time and money.
In terms of an investment – I only buy land when I’m getting it for FAR below market value (which basically guarantees that I’ll be able to sell it some day for more than I paid for it)… and it doesn’t sound like that’s necessarily what’s happening here. If you think you’d be able to use it for something that would increase the overall value of your current property, then it may make sense… but if not, then it may not make the most sense from an investment standpoint.
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.
Although the process of selling land is less complex than selling a piece of property with a home, this is still a process that requires the help of a professional. Real estate laws vary from state to state, so it’s important to work with an experienced real estate attorney when selling your land. The help of a professional becomes even more important if you’re creating a land contract.

Hi Noam – I don’t check them all, every time. Many of the issues can be immediately ignored based on where the property is located, it’s size, and what it would most likely be used for, etc. For example – if a property is in a mountainous region, flooding will almost never be an issue. If the property isn’t ideally suited for building, then utilities and septic don’t matter. You get the idea.


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!
Mortgagee’s consent. If your land is subject to a legal charge you will require the lender’s consent to the sale. If you are selling off part of a larger parcel of charged land you will need to obtain a release. This might mean the renegotiation of your financial arrangements, which again, is sensibly addressed early in the transaction. Speak to your relationship manager and your solicitor.
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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.
I would like to thank Mallory Herrera for the great job she did when she bought our note.She was always courteous no matter how many questions i had for her,and never felt any pressure from her to sell.She kept her word on the price she quoted from the beginning.Always answered her phone when i called no matter what time of day.She gets five stars from me and if i could give her more she will get them to.Good luck for the future.read more
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.
Although the process of selling land is less complex than selling a piece of property with a home, this is still a process that requires the help of a professional. Real estate laws vary from state to state, so it’s important to work with an experienced real estate attorney when selling your land. The help of a professional becomes even more important if you’re creating a land contract.
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.
Planning Consent. This will be needed before development is begun, but who obtains it is a question for landowners. Embarking on the planning process at your own risk can pay off, but it is a gamble and we recommend that you speak to either a surveyor, a planning consultant or a planning officer at your local authority to get an idea as to whether or not an application for consent for development would be successful. Many such applications will go to appeal. Is the planning consent you obtain going to be the one developers need? This is why many landowners enter into promotion agreements or conditional contracts which oblige others to apply for planning, as they often have a greater chance of success on the right terms. Be aware though, that extensive price negotiations can take place once planning consent is obtained, and the actual net development area can be calculated. This will take into account any ‘extra’ costs such as wildlife surveys or ground investigations that are required as a result of the planning conditions.
If you are familiar with ANY of the situations listed above, you are not alone and we want to help. We invest in properties all over the United States and WE WANT TO MAKE AN OFFER ON YOUR PROPERTY. We are not real estate agents and we are not asking you to list your property with us; we want to buy your property now and we are prepared to pay cash for it.
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.
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.
And last but not least, you can advertise it for sale online. Three sites that I recommend, especially if you need to sell your land fast, are Bid4Assets.com, eBay, and Craigslist.org. The internet should be your medium of choice for those of you who are selling land that is located in very secluded and isolated areas of the country, far removed from civilization, since there won’t be any people nearby to see your “for sale” sign.

I’m impressed with the amount of effort that went into putting this article together! And I can also say that these tips are all great. People don’t understand the power of the internet, and how many free resources there are out there when it comes to selling your house. I’m glad you put this together, this is some really valuable information! I buy houses in south texas and I will be sure to share this article on my social sites! I’m always looking for valuable content to share. Thanks!
From what I've seen, Oodle probably has the most streamlined process for posting a property for sale. You don't have to navigate through page-after-page of details to post a property. Property sellers can fill out one simple submission form to get their entire listing compiled and posted in a matter of seconds (and it's especially fast if you already have the listing information prepared and you're just copying it from another source).
Planning Consent. This will be needed before development is begun, but who obtains it is a question for landowners. Embarking on the planning process at your own risk can pay off, but it is a gamble and we recommend that you speak to either a surveyor, a planning consultant or a planning officer at your local authority to get an idea as to whether or not an application for consent for development would be successful. Many such applications will go to appeal. Is the planning consent you obtain going to be the one developers need? This is why many landowners enter into promotion agreements or conditional contracts which oblige others to apply for planning, as they often have a greater chance of success on the right terms. Be aware though, that extensive price negotiations can take place once planning consent is obtained, and the actual net development area can be calculated. This will take into account any ‘extra’ costs such as wildlife surveys or ground investigations that are required as a result of the planning conditions.
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Settle on a price that is acceptable to both parties. But don’t exceed the price you initially set as your maximum amount to pay. No property is worth paying more than you can afford. "Decide what a transaction is worth to you. A property may be worth more in value to you than the actual appraisal. Take the emotion out of it and deal with it in terms of dollars and sense," confers King. And, "don't be afraid to walk away from a deal, just do so with a handshake and a smile and do not burn that bridge."

I’m learning the hard way about the hidden costs of buying empty land. Unless utilities are already there, it can be VERY expensive to run them from the street to the building site. For example, one parcel we looked at was about 1000′ feet off the main road where utilities are located. To run city water, gas, electricity, and cable could run anywhere from $10-100 per foot! Multiply that by 1000 and I better understand why developers say that they spend the same on running utilities as they do on the land. It may cause us to reevaluate our goals and possibly shift to buying a property that already has a rundown home on it.
Your responses is truly encouraging. I am Construction Manager, starting out in development. I could really use your insight or how to begin. I want to build an resort, a place where families can come with all the amenities that you have to pay leaving the state of NY. With Executive suites for out of state executives. some rooms, some kitchenettes and E. Suites. Anyway, I found this great location, went to the town to see who owns the land. It is in a commercial area. I have a broker who will reach out to the owner for the sale. What would you suggest my next steps should be; get the property, get it survey, have a design prepared. I want to get investors on board. What would you suggest, I have for pitching my proposal to investors. I currently work with Architects, Engineers and they are willing to support me in this project. Just not sure what my next step should be. Any recommendations.

If the property is part of a Home Owner's Association (HOA) it will most likely have even more stringent restrictions in place to help maintain the “quality” and formality of their neighborhood. The idea is to keep any bizarre behavior OUT of the neighborhood (e.g. – cars in the front yard, lawns nobody takes care of, houses that look out-of-place or aren't built to code). 

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.”

Instruct sto ask any potential developer/builder buyers to render written offers. Unless one of the early ones floats your boat, I suggest you respond that you aren’t interested in selling for that sum at this time. Refrain from making a counteroffer if you can. Just let the developer(s) keep coming back with increasingly larger offers. If and when you accept, don’t be afraid to ask for a moving allowance as well.


Hi Noam – I don’t check them all, every time. Many of the issues can be immediately ignored based on where the property is located, it’s size, and what it would most likely be used for, etc. For example – if a property is in a mountainous region, flooding will almost never be an issue. If the property isn’t ideally suited for building, then utilities and septic don’t matter. You get the idea.
If you're planning to build a “dwelling” of any kind on your parcel of land, there is one issue that may seem insignificant at first glance, but it has the potential to make or break a land deal. It's called a “Perc Test” – and if you're dropping some serious coin on land in a rural area, this is an issue you'll want to be sure about before you sink your money into it.
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.
Selling lots is not like Field of Dreams, where “if you build it they will come.” You need to make sure there is a market for lots in your area and at a price that makes sense. Determine the size, layout and other requirements that are expected for new lots to be marketable. A good real estate agent with expertise in land can help you with this. You also may be able to get some advice from builders – reach out to the ones who are active in your geographic area and in the price range for new homes that would likely be built on your lots. Getting their input could be the key to successfully subdividing marketable lots.
48. Using a similar approach to how I find motivated sellers, you can find a list of all the properties in your area that have sold for cash over the past 6 – 24 months. From this list, create a direct mail campaign and contact them. Let these people know that you have some great deals on real estate and that you're looking for investors who want to buy them for cash.
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