If you have created a land contract, youll also need a memorandum of land contract. This is, essentially, an abbreviated legal document that references the main contract created. This simply serves as a public notice that the buyer is interested in the property without you and the buyer having to disclose and record the entire land contract. Because the deed of the property will not be filed until youve received full payment on the purchase price indicated in the contract, this memorandum will be filed with the county and the city to serve as a record that the buyer is interested in the property.
Once you get over about an acre in size and two or three lots, the complexity of the subdivision process can rise dramatically. The level of difficulty – and expertise needed — can be compounded if you have a site where lots will not front on an existing public road or where utilities and infrastructure must be built. This likely will require you to undergo municipal oversight (possibly even state or federal, for some situations) for the subdivision’s site design and layout, as well as construction of roads, utilities and other infrastructure. In this scenario, you basically are stretching the activity from simply subdividing a parcel to full-scale community and land development.
Since it is near the New Year, please allow me to use this illustration. Many people make a resolution to diet and exercise to lose weight in the New Year. They may buy a new piece of equipment and some new workout clothes. They go hard for a couple of weeks, and slowly excuses begin to interrupt the routine and eventually there is no real progress. Then the person can say, “I tried the Bowflex for a while, but it didn’t really work for me.” The truth is, they didn’t do what Bowflex recommends and therefore they did not achieve the desired result.
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.
This issue can be overcome if you can establish a legal, recorded easement to the property. This can be done if one of the neighbors is willing to allow you access through their property – to yours. In many cases, a neighbor shouldn't be expected to do this for free, you'll have to give them a reason to help you (usually in the form of money). Again, this isn't an impossible issue to overcome, but it is definitely something you'll want to be aware of before you purchase.
We hope this helps provide valuable insight for landowners about the pros, cons and items to evaluate when considering subdividing your land. Check back soon for our second article in this series about Subdividing Land: Tips for Landowners from a Developer, where we will describe some real world issues that we have seen in subdivision attempts. Plus, the third article in the series will provide hands-on details about the steps to take if you decide to subdivide your land into lots.
Another benefit of subdividing for homeowners who would like to liquidate some of their real estate without having to sell the farm (literally), is that they may be able to both cash in on a portion of vacant land and stay put on the rest. Holding onto some of their land can give that property time to increase in value as the surrounding subdivided land becomes developed.
Before getting started, check out a few sample ads for houses and you'll notice that they are emphasizing the benefits and amenities of the house. Don't sell the steak, sell the sizzle. Raw land is no different. Take a good look at what makes your land compelling. Mountain views? Water? Hunting? Recreational area? Good access? In the path of development? Trees? Then get out the thesaurus and use some colorful adjectives to describe the area and land. Of course, you will need a section for just the facts such as: elevation, access, terrain, deed conveyance, taxes, driving directions, GPS coordinates, sewer, water, utilities, mineral rights, etc. I like to use a simple table outlining all of the basic attributes and facts about the land. It is essential that the potential buyer have easy access to this basic information but it won't help sell the land. Your language and conviction about the area need to be conveyed to a potential buyer and that is what will sell the property. More information is always better than less. Once you have your content well laid out then you need to add images.
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.
I am a relatively new real estate agent and just got a land listing. This is a great article with many helpful strategies for selling land. I think selling land can be a bit intimidating because most sellers have such high expectations that you will sell their land for them quickly and it usually takes much longer, as you pointed out in your article. Thank you for the great information!