Learn to evaluate the risks and rewards of subdividing land into residential lots. In this first of three articles on the subject, a developer and real estate lawyer provides landowners specific items to evaluate when considering whether or not to subdivide land. Come back for the next articles in this series that provide insights for landowners based on the author’s real world experiences with the subdivision process, as well as a hands-on description of the steps landowners should take when subdividing land.
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.
 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.
Advice: One of the added benefits of hiring this agent is that they can advise you on much more than just the price of your land. A true professional will have a network of individuals that can help you with anything from tax planning to pond building. An experienced agent can tell you what is possible. They may know many things that can save or make you money during your transaction. Most of the time a good agent will help you net more money from selling your property than you can get on your own.
Especially when I'm buying vacant land out-of-state, my first line of business is to understand the topography of the property. There are many, many places around the world that have very unpredictable elevations, cliffs, mountains, valleys, ravines and more. In many cases, the topography of the land can have a huge impact on the build-ability of a property. For the same reasons you can't build a house on 90-degree cliff, you should be doing some preliminary research to find out where your property is located, and what the lay of the land is.
If six stars were possible, Terrell Wade and the team at FNAC would deserve that high of a rating. Terrell worked with me on purchasing a deed of trust that was part of my parent's estate. The transaction was tricky because of paperwork complications, that the house was now a rental, and that the owners spoke no English. Terrell patiently guided the owners through the process, had to reassure them at several times, and successfully closed the deal even though it took nearly 6 months. The price we received was fair and I cannot speak highly enough of the work and end result that was accomplished by FNAC. S,T,White, Manager RCR, LLCread more
If you truly are in a hot area, which it sounds, your land has already been researched and investigated and deemed not to be desirable to the surrounding developers. A one acre parcel in the realm of larger subdivisions going in is only desirable if it's IN THE WAY, or if your house is an eyesore that will affect the marketing of the bigger development (which I'm guessing your house is not an eyesore).
Honestly, since you’re the buyer, there’s no real reason not to use a realtor (because they’ll take their money from the seller, not you). I’d just be sure to get one who knows their stuff (i.e. – make sure they have some level of experience dealing with vacant land, as it’s a whole different animal than what most realtors are used to dealing with).
I’ve been reading your tips on a couple of sites. Very informative. I got burned on county denying a septic permit. Redemption. The illegal lake keeping the water table to high on my two tax lots mysteriously got drained. I live 80 miles away and my neighbor called me and said when it quits the winter rains your property will perc. My coastal property in Oregon just increased $60,000.00 a lot. I’ll deal. Cleared and level
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If a property doesn't have access to one or more of these staples of reasonable living, the property (for all intents and purposes) may not be considered build-able. After all, who would want to build a house where they can't flush the toilet or get access to clean water? If a property isn't build-able, you will lose a massive portion of the property’s usability, marketability and value. Since most people buy land with the intent building on it, you will definitely want to be aware of anything that could become an obstacle to that objective.
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 just purchased 5 acres in a rural setting for half the assessed value (the assessment seems a bit high) as an investment. The advice I’ve received to increase the value is have it surveyed, sub-divided into 2 lots, and get a perk test done for both lots. Does this make sense to you? What about others ways to increase the value, such as putting in a gravel drive, running electric, or wells? It has good road frontage, and utilities are at least at the corner of the property.

We found a really great 2 acre property zoned rural residential in the area of town that we really want to live in Oregon. It is the only lot left in the older established subdivision, so it has city water but would need a septic (which everyone in the neighborhood has of course). One big issue is that it is basically a forest. The whole lot is full of trees, huge and small.
Once we have completed our title examination and have established that there is clear title to the property, we will coordinate with you to set up closing. A title professional will prepare the necessary documents for you to sign, notarize, and return to them. Once the signed and notarized documents are received, the agreed upon funds are distributed and you get paid! Our process is simple, straightforward, and typically takes about 2-4 weeks to complete.
As for what type of land can be used for horses – you’d probably have to call your county or municipality planning & zoning office and ask them what the zoning would have to be for this particular use. Once you know the answer, it’s pretty easy to generate a list of these land owners with a service like AgentPro247 (as I describe in this blog post). You could then send out a direct mail campaign and try to find deals on this type of property (at least, that’s why I would try to do if it were me).
Whether you’re selling your land yourself or with the help of a real estate professional, it’s important to ensure that you have all the necessary documents to complete the transaction. It’s highly recommended that you consult with an attorney to ensure that your contract includes all of the necessary information and to ensure that you aren’t missing any important documentation. If you plan on selling the land yourself, be sure to do your research to avoid complications during the sale process.
Your buyer profile can depend on what type of property you are selling, whether the land has been developed already, its location and market conditions, among other criteria.  Is your likely buyer an individual looking for a lot for a new home? Or is your buyer going to be a builder or developer looking for land for their next project?  Or is your buyer some combination of those, or someone different altogether? There may be different buyers for finished lots, rural acreage or a parcel of suburban land in a thriving new home market.
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