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.
I am considering buying a quarter acre, to build a house for my retirement in a few years. I have never bought land before but it is in an area that will definitely increase in value over the next few years so I want to lock it down now and build the house I want later, rather than purchase a home and make payments in addition to my current home. Thanks for the tips on how to assess, my question is whether I should use a realtor and/or get a property appraisal. I will probably pay cash for the land. Thanks much!
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 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.
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Now I was reading about the 1450 sq ft build. A baby house maybe. I’d be more inclined toward a squad tent, (i have one 16X32 with a woodstove and 5000 kw generator and string of lights for sale. $3500.00 plus shipping and handling.), or a plains INDIAN Teepee which I also have for $2500.00 plus shipping and handling. Real Buffalo Robes, very soft and heavy, for $3500.00 a piece plus shipping and handling.

We’re considering selling our 103-year-old home, which is located in a multi-use zone where condos and townhomes have been going up, changing the entire neighborhood landscape. We’ve been getting purchase inquiries from developers and are wondering if we should sell to them directly or through an agent. How do we assess a reasonable price? By the way, our home needs updates in electrical, plumbing, HVAC, paint, appliances and flooring.

Can you tell me how does the developer acquire and secure several acres surrounding the 1 acre he owns to expand his development. The problem is that the developer lacks financing and cant afford to acquire the adjacent land, yet he wants to prevent other parties from building on the adjacent land so as to ensure there is enough space to expand his development.
There are hundreds of millions of people passing through this site each month (with many of them coming from syndicated outlets like AOL, Yahoo, Trulia and more) and most of them are there with the sole purpose of looking for real estate to buy and rent. It's also worth noting that many buyers start their search with Zillow (instead of looking only at their local MLS listings), so it's a great way to gain exposure to a massive (and targeted) audience at no cost.

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.


Hi Rainie, if it were me, I’d be most concerned about the septic system (making sure the property passes the perc test, if it’s not located near a sewer system), making sure it’s not in a flood zone, and making sure the property is zoned properly for the type of house I want to build. Judging by the fact that there was a house on the property before, you probably won’t find many surprises here… but it’s always good to verify.
Hello Elizabeth, thanks for posting. LandInvestors is a great place for you to start. It is an incredibly valuable tool for newcomers (and old-timers alike) to bounce ideas off other (like-minded) investors, ask questions, share concepts, etc. It’s a remarkably symbiotic community that everyone gets a lot out of. This forum-based site should be the first place you go with questions, and Jack, Jill, myself, and the rest of our staff are on there often helping in addition to our whole community. There is a wealth of free information about selling properties on the site. The Cash Flow from Land Program is also a place that fully covers selling your property. Feel free to email us if you have any questions.
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.
I’m not the best person to answer that, because I’m not a lawyer and I know very little about what your rights are – but I imagine it could be difficult to prove much without a signed contract. That being said, I’ve heard that there are potential claims on the grounds of “squatters rights“. If you’ve lived at the property for 20 years, there may be something worth exploring here.
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.
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!
4. eBay.com – Once our top selling venue, eBay is still a great place to advertise and gather buyers and drive them to your dedicated selling website. Cost to post property for a 30-day auction style sale, is a $50 insertion fee with a $35 notice fee when the auction ends. Other sale types are “buy-it-now”, which is a fixed price type with same fee structure. Think of eBay as; $50 per month worth of advertising to reach potential sellers.
Great article. This is actually the first time I am learning about all of this. I bought my first property (that I currently live in) in 2012 and I am interested in investing in more property and generating passive income. My question is, once the property is purchased how do you ensure that it sells? I’m assuming that the only way to generate income from vacant land is for someone to build property on your land. If there is no interest in that land it could possibly turn into a loss.

Alternatively, you could talk to the county health department about doing another perc test – just because it failed once doesn’t necessarily mean it’s impossible (though it is a fair indication that you won’t have much luck). You could also try investigating some alternative septic options, like building a mound septic system. I don’t have any experience with these, but it could be worth your while to investigate it further.


To a shrewd investor, any asset of value is for sale, for the right price. Undeveloped land, also known as raw land, represents a real estate investment that is different from more traditional house and land deals. While undeveloped land sells for less than land that is ready to build on, or already includes viable structures, it can still turn a profit if you put care and thought into the sale process.

Hi Rainie, if it were me, I’d be most concerned about the septic system (making sure the property passes the perc test, if it’s not located near a sewer system), making sure it’s not in a flood zone, and making sure the property is zoned properly for the type of house I want to build. Judging by the fact that there was a house on the property before, you probably won’t find many surprises here… but it’s always good to verify.

This all boils down to how badly the developer needs your home, how much money he stands to gain by moving quickly and how robust the multi-unit housing market is. If the final offer falls a bit short of where you’d like it to be, factor in the negatives of staying: more construction noise, additional traffic and all the dough you’ll have to fork out to comfortably remain there. Realize, too, that condo prices, in particular, can be mercurial and turn on a dime if the greater housing market starts going south, which might give your buyer cold feet.

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.


Rule #18: Before traveling to view a promising parcel, check the county assessor’s website using the parcel number. Some are VERY helpful, containing all sorts of information such as what areas are known for landslides, flooding, wetland/buffer areas, contamination, noxious weeds, etc. The sites also give past purchase pricing and tax information, and sometimes even if there’s been “issues” with the land (such as a previous owner building unapproved structures which they may have had to tear down, leaving a foundation for you to deal with).
Thanks Ann! I’m so glad you got some good value out of it. I think you’re probably on the right track in getting outside help with the zoning details – that can be quite a confusing area if you don’t have any prior experience with it. If you have a builder in mind, you may want to get them involved on the front end too – as they will be able to point out most of the important details you’ll want to evaluate before they’re able to start building (even if you don’t plan to build for a while, they’re still great for some free consulting if they’re expecting to help you at some future date).
Usage restrictions aren't necessarily a bad thing – they almost always make sense on some level. They're designed to help maintain order and support the value of each property in the subdivision. On the same coin… if you aren't aware of these restrictions before you purchase, they can also create some conflict with the plans you had in mind for the property. This isn't common for most land investors (because most people have no intention of using their property for purposes that don't jive with their surroundings), but even so – you should always make sure you understand what the rules are BEFORE you buy a parcel of vacant land. This will help you avoid owning a property that requires maintenance you don't want to do, or that can't be used for your intended purpose.

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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.
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