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 the buyer has secured financing or is planning on paying with cash, a contract for sale will be necessary. This contract will specify the terms of the sale and may also specify other documents required before transferring the deed. This may include the financial documents that are necessary to secure financing. The contract may also indicate that title insurance will be provided. In this case, the title company may be involved in the transaction.
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.”
Just like you'd stage a home, you want the vacant land to show at its best. A lot overgrown with weeds is going to look less desirable in the eyes of a potential buyer than a lot that's apparently cared-for. Professionally trim trees, mow grass, remove weeds and perhaps plant wildflowers to show the property at its best. Visit the property weekly – or hire someone to do so – to remove windblown trash, beer cans, fire rings or anything else that might detract from its curb appeal.
In addition to online listings that target lot and land buyers, effective property signs always should be part of your marketing plan. Don’t just use a standard “For Sale” sign; we suggest that you have a sign custom-made for selling your lot or land (which can be done relatively inexpensively these days). You can help tell the story with your custom signs by including a few key points like acreage and property features. The sign(s) should be located for visibility, look professional and be kept clean and upright.