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cfillyaw

Purchasing land

9 years ago

Hello All,

We are looking at purchasing some land directly from the owner. It is a long story as we are looking to gain access to an existing sub-division and will need to also get the land rezoned.

We are at the point to start negotiating price and drawing up a purchase agreement so I can start the rezoning process.

I have never purchased land before so I was wondering if you had some advice on things we need to consider for the purchase agreement. For example conditions that need to be met for the purchase to go through. Right now I have:

  • Land is rezoned as residential
  • Land will perk

Anything else? Thanks.


Chris

Comments (18)

  • 9 years ago

    Clear title - free on encumbrances for starters.

  • 9 years ago

    verification that utilities are available--water, electric ( maybe natural gas, cable/internet access) or whatever is the norm in the area. Maybe soil test of various types, maybe that you can build for your budget, etc. etc. etc.


  • 9 years ago

    Ensure there are no restrictions about the type of house you can build, or a minimum square footage, etc.

  • 9 years ago

    I would also ask this question in the buying a house forum as they deal with RE matters all the time.

  • 9 years ago

    Why the rezoning? What is it zoned as now? If commercial, is it surrounded or adjoined by other commercial properties? If agricultural, will there be any back taxes owed? We are agricultural, and if we changed it to residential, or if a future owner did, they would owe 5 years of back taxes.

    There's a LOT to consider buying raw land. Does your county have a GIS site (most do). From there, you can determine topography, flood zones, zoning restrictions, and who your 'neighbors' are, or could be. You want to make sure that an interstate, sewage treatment plant, or airport aren't being planned next door. What will permits and fees cost? In some parts of the country, these can be prohibitive, to put it mildly.

  • 9 years ago

    Rights of way - recorded / existing.

    And yes - go the buying forum too - lots of skill there.

    I would dig and test the soil conditions - to see how far down it took to get under the topsoil and if you are doing any grading or digging for basement / footings - dig a bit to see if you hit rock, etc - we hit this crap that took a SERIOUS excavator AND rock buster that was $800/hour...

  • 9 years ago

    How many acres? What's the zoning now? What's the adjacent land use? Is it adjacent to a swamp, wetland, lake? Flat or sloped? How much cut or fill? Does your community have size, height, or lot coverage restrictions? Do you need anyone's approval to cut in a driveway? Do you have access to water, power, gas, phone, cable, sewer connections? Are there any easements? Do you need an easement to build a driveway? And on and on and on.

    If you don't mind posting an aerial photo that really helps us visualize.

  • 9 years ago

    I appreciate all of the helpful comments. Below is an arial picture. The blue line is the overall property that is up for sale which is 14 acres. I only want to purchase the 4 acres in the red.

    Currently all the surrounding area is pretty much zoned agricultural which has a minimum 10 acre requirement to build a house. The lot I want butts up to the small subdivision which is zoned high density residential which only requires 1 acre to build.

    The land owner believes that I will have written agreement from the HOA to allow me to access the subdivision road. It is a private road so the main concern of the current owners was the damage to the road caused by construction equipment. Also I believe they will have some requirements such as house size, etc... I am not too concerned with this given what I see from the other homes.

    Is it safe to assume that since the existing community has natural gas, electricity, and phone that I would also? I do know everyone has a well and drain field. I was told that the two houses just south of the lot I want own property that wraps around the cup-de-sac so I wander how a driveway would be cut in. Would I have to buy a section of land from them?

    Chris


  • 9 years ago

    The parcel you outlined in red is landlocked (as your aerial shows). Please get an experienced real estate attorney involved. There are many issues with the purchase as you have outlined. Buying a landlocked property is not a good idea unless it is adjacent to a property you already own with access. Also you can not assume that you will have access to utilities that are in place in the adjacent community.

  • 9 years ago

    I am glad I asked as your advice is quite helpful. I realize it will be complicated and I am willing to work through it, but I do want to make sure I have everything in order. I will look into a lawyer.


    Our goal is to have access to the cut-de-sac for our road access. That is what the HOA has been debating on which I have heard they will release a written ok. I am learning from you guys that there are many things to still consider and many question.


    Chris

  • 9 years ago

    We had someone ask for access through a cul de sac once. The HOA denied it. Then the person filed suit. Then that person lost.

    This is the big unknown for you. Did the HOA and neighbors in the cul de sac tell you they approved?

  • 9 years ago
    last modified: 9 years ago

    I'm glad you posted the photo. YOU NEED AN EXPERIENCED REAL ESTATE ATTORNEY. NOW!

    This is a very complex project. Do not assume it is possible to work through the issues. Even an experienced real estate developer would probably consult an attorney in this situation.

    I suspect the seller of the property thinks you are a fool but is letting you go about your merry way. You just posted that the two property owners south of your proposed home site own the property you want to put the driveway through. You would have to BUY that land (or sign a complex agreement to access it) in addition to having the HOA's permission to connect to their private drive. They do not have to sell their land to you if they don't want to. You cannot do this by yourself. Stop everything until you have an experienced local real estate attorney.

  • 9 years ago

    I was looking at the county plot website and I don't think the neighbors' land wraps around the cul-de-sac. It shows a section where there could be access.


  • 9 years ago

    BTW, already got some leads for lawyers to contact. Will do after the fourth.

  • 9 years ago

    Well that map helps a little for access but now it introduces the weird dog leg parcel to the left of your property which might be an easement for a road or power line (active or inactive).

    If I was on the adjacent Homeowners Association Board I would only let you connect to their private street if you: paid all costs to connect, bought into the association's reserve fund with a lump sum payment, and agreed to pay their monthly dues going forward.

  • PRO
    9 years ago

    According to google maps satellite view, you can see evidence that someone has been driving up the private drive, then driving over the curb and through the grass in order to maintain/cut/harvest that acre.

    Do you know who it is, and how they received permission to do so?

    If you love this piece of property, I would also get a price and zoning proposal for increasing the purchase to 5 acres and adding a driveway out to the road that is over to the east.

  • 9 years ago

    One more issue I see in the plat you posted: the property is zoned for condo's in the cul-de-sac. Condo's don't have to be attached. Most people envision a stack of boxes for condo's but that is not a requirement by any means. They can be single family homes and the owner of the home doesn't own the land. The attorney will need to review that parcel too.....and you would need to have approval for the connection to the condominium land from your land and approval from the condo association. This land purchase is more and more complex. Make sure the real estate attorney you choose is skilled, not cheap.