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!
“I visited the property on Sunday and most of the lot was inundated with water. It is apparent that the soil is saturated for significant periods. Based on my observations, which are consistent with the available online data, it is my opinion that the lot is unbuildable since it does not meet the minimum New York State Dept. of Health (NYSDOH) requirements for the design of an onsite septic system. NYSDOH requires at least 12 inches of native useable soil above the high groundwater level and the septic system cannot be situated in a wetland. While NYSDOH has many other requirements to comply with, these two deficiencies cannot be addressed by any approvable design.
One of the most important first steps before subdividing your land or land you wish to buy is to make sure there are no restrictions that will block your plans. Everything from ordinances, neighborhood covenants to deed restrictions may prohibit – or fatally complicate – your plans. Review these items carefully, plus order a professional title review (typically through a real estate attorney) so that you can understand whether there are any deal killing issues that apply to the property and prevent subdividing.
We currently own 10 acres of land with a lot of road front footage. A very large nice development is underway adjacent to our property; the developer also recently had some type of auction and sold 92 lots. It has been brought to the attention of my husband and I that no homeowner construction can begin until development access issues are resolved. Presently, they have issues with line of sight entering into and out of the development; the development has a small privately paved 2 lane road entering onto the public highway system. Our property sits high on a small hill, it is large enough to occlude site to the left when pulling onto the highway. Our home also sits on a curve. We also have fencing – similar to what you might call pasture fence – that also occludes a drivers site pulling out as well. The developer has sent a neighbor (also his friend, may even be a partner) – who lives in the only house built in the development – although how they built that with restrictions in play – I do not know… Maybe because it was a single dwelling??? It was there before the current developer purchased it from the previous developer (who built the home in there as a “spec house”. First, this representative showed up saying they would like for us to move our fence and they would pay for us to move it (how kind). We just listened… And told him we like our fence just where it is – we know that even with the fence moved the line of site is still occluded – the hill would have to come down or be graded somewhat for it to work. 92 homes would also generate a lot of traffic. A turn lane was mentioned but no details were given – in fact no plan was presented at all. We think he was just feeling us out. My real question is how much should or could we ask for the property if we agreed to whatever their plan is – of course, we would see the plan proposals and bring in a lawyer. I don’t know how to begin to calculate it! I have considered 92 lots multiplied by something! Maybe 20,000 each? My husband spoke with a member of the NCDOT who was out here doing some surveying – he stated that the DOT really had no interest in the property – I want to take that to mean they would not force access for the developer – but I do not know – my knowledge is very limited on this subject. Bottom line is they are in “a real pickle” if we decide not to accommodate/sell them the needed frontage. No money has been offered – it was just stated that we would be compensated. It seems we are in the position of power as far as a selling price – as they cannot develop without meeting those requirements. What would/do you advise and what resources should I use to educate myself. I have found the Policy on Street and Driveway Access to North Carolina Highways and been reading over it. I really do not want us taken advantage of either as far as the construction phase and the end result to our remaining front yard.
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Ideally, you should employ a realtor and real estate attorney that know what restrictive covenants there are and what you can and can’t build on that piece of property, says Veissi. "But you still may need to do some grunt work. Find out how the property is zoned." Zoning ordinances and regulations are laws that define how you can use the property. Depending on your needs, will you have to change the zoning? For instance, if the property is zoned for an industrial warehouse or office building and you want to build a retail outlet. Also, zoning ordinances will typically limit the total height of a building or require a certain number of parking spaces for a commercial building. Opposition to zoning changes by local residents or other invested parties can be fierce—time consuming and costly.
I've seen a number of properties that are virtually useless due to their size and shape. I remember on one occasion, I came across a parcel of land that was 5 feet wide and 900 feet long. I've also seen properties that were 10 feet by 10 feet. If you see a parcel of land with an odd shape, use your common sense. If you can't think of a legitimate use for a property with its given dimensions – you'll probably want to think twice before buying it.
Any ‘extraordinary’ costs relating to the development of your site. For instance, because of geological conditions the site – or part of it – may need more expensive foundations. If part of your land contains a site inhabited by rare animals, such as newts, the developer may be required to create a new habitat for them on a different part of the site and even provide ‘newt crossings’ to encourage them move to their new home. This is expensive and time consuming work and developers will ask for additional deductions, based on their view of the costs of this work. You need to be able to understand the calculations they are making and be reassured that they are fair and reasonable
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.
Pricing land can be trickier when compared to pricing a home. Developed lots in communities may have a clear “market” price based on the recent sale of similar lots. Raw land, however, may have fewer “comparable” sales to use in determining your price. In addition, the price you ultimately can attract for a singular lot or undeveloped land can vary greatly depending on the buyer’s intended use of the property. For example, if a buyer feels that your acreage is appropriate for a high-end home development it likely will bring a higher price per acre than if a buyer only intends to build a single home on it.