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.
You’ll want as much money as you can make as quickly as you can get it – but developers play a longer and broader game.  Land you sell may become one small part of their land bank in your locality and, if you’ve signed the wrong deal, you may find they never get planning permission for your land because they choose to promote one of their other local sites which looks an easier consent to win.
Double check ad data for any property you’re considering; they’re often full of mistakes – not necessarily misleading information, but it comes from laziness. What doesn’t help is that when a listing first gets posted, apparently nearly all real estate websites post it as their own without checking it for accuracy. For example, we’re considering a property that has multiple issues:

I am looking at a property in Spanish Fort, Alabama. The neighborhood development began prior to the 2008 crash and sat for years. A house has started being built on a lot in 2013. A crack formed in the foundation of the house, and a stop work was ordered by the city. At this point my thought was to buy the property, scrap the house (its still sitting in the beginning stages after 3 years) and start over. The property now has made a mess in the neighbors yard for a over two years. 1) can the run off problem be fixed (its a huge mess) 2) how can a person get copies of photos (topography) of the property before the development started by the builders? These copies would have been from around 2006. I heard seeing the natural lay of the land could be very important when deciding if this run off problem is fixable. Thanks you for any help you can offer. I am just fearful of purchasing a huge nightmare that can’t be fixed.
Seth, I can definitely see how internet marketing would be extremely useful when selling your property. My wife and I have been planning on selling our house in order to move to a much more family friendly neighborhood. I think that we should consider finding finding a real estate agent that could help us to sell it exactly according to our desired asking price.

Like most free listing sites, the format isn't necessarily optimized for vacant land properties (like the kinds I typically sell), but it's certainly possible to work within the parameters they give you (Pro Tip: On the first step when they ask for an address… you can also enter in the GPS coordinates of your property, in case it doesn't have a registered address yet).

Having a knowledgeable professional on your side always helps when selling your lots and land. There are many benefits from having specialized expertise on board, so we encourage you to work with a real estate agent who specializes in lot and land sales. They will help you understand the market, set a price and market your land to the right buyers.


Steve, my son in-law has 10 acres of land. About 13 miles from a town & we have talked about me living on a small part of the land he would need to subdivide about 2 acres to me. But if he does sell me these aces. I want to make sure that he gets the land back can the land be in both our like a car title. & being I am getting older it would be nice to live close to one of my family members. & I love to out country. Jane
For most commercial properties, the best way to do this is by ordering a “Phase I Environmental Report” (many banks will automatically require this because it affects their collateral). This report will identify if there are any “Recognized Environmental Concerns” (RECs) on the property that you need to worry about. If you neglect to do any environmental due diligence, the liability for any existing environmental contamination on the property could ultimately fall on your shoulders – making it very difficult and expensive to sell the property in the future.
I might add that in some development-friendly communities, the city and developer might try to play the eminent domain (condemnation) card. Ostensibly, eminent domain should be used only in the exercise of public good such as a new highway or road widening, though some cities get away with it in dubious circumstances. Your agent should know whether this could be an issue. Such a scenario, as unlikely as it is, would probably force you to hire a lawyer to get a decent price.
But do not — and I repeat — do not try selling directly to a developer/builder. These folks, when dealing directly with a property seller, will base their typically lowball offers on a “fair market value” determined by appraisers they hire, who are typically agenda-led cronies. Such offers will almost certainly not take into account the recent increase in land values that all this upscale multi-tenant development is creating.
Hi Tracy – have you considered looking for properties that aren’t currently listed for sale? That’s how I find all of my properties (and this is something most Realtors won’t be able to help you with, because most of them are only looking at the properties currently listed on the MLS). I find these properties by sending out a direct mail campaign to the delinquent tax list in counties that are RURAL.
Having a knowledgeable professional on your side always helps when selling your lots and land. There are many benefits from having specialized expertise on board, so we encourage you to work with a real estate agent who specializes in lot and land sales. They will help you understand the market, set a price and market your land to the right buyers.
×