Purchasing Vacant Land

One might think that buying land is a simple process, but in actuality it can be complicated and in many ways is more difficult than buying a home. Despite the challenges, many Developers, small builders and Build your own entrepreneurs decide that vacant land is the right real estate investment for them.

Zoning regulations vary greatly from area to area, so carefully study the local zoning rules that apply to any prospective land purchase

Zoning Limits and restricts buildings and structures to specified districts and regulates to type and extent of their use, trade, industry, residence, open space or other purposes.

Zoning also Regulates the bulk, height, number of stories, orientation, size of buildings, accessory structures and the percentage of lot coverage.

If you do not conform to any one municipal zoning regulation / ordinance you may be required to pursue a Variance.

Variance:

Permission obtained from zoning authorities permitting the construction of a building or structure that is forbidden by present zoning ordinances.

It is not guaranteed, but a township can not cause you undue hardship by denying your application. In NJ if you can acquire any additional property around you to make your lot conform to current zoning laws you must make an effort to purchase that property at fair market value. If you can not purchase additional property the town then must grant your variance in accordance with NJ Land Use Laws. They can however put certain restrictions on the home they allow you to build or a deed restriction a clause that will run with the property forever. An attorney who specializes in Land Use Law will be an important resource when considering undertaking a variance application.

Keep in mind that this law applies to bulk requirements on a single building lot. If your are sub-dividing or asking for a set back variance the town may reject you at their own discretion

Other Things To Consider When Purchasing Land

Utilities
If the land doesn't have hookups for water, sewer, electricity and/or telephone, your engineer and or Builder will check with the municipality regarding plans to extend the road and specifications for accessibility. If sewer utilities are not available, your Engineer will need to order soil tests to see if the land can support a septic system and to determine the depth needed for a proper well

Topography
The grade and slope of the land will determine how much you can build and the costs you will incur. Varying elevations in land requires careful water drainage management.

Raw Land / Road Access
If the land isn't accessible by a public road, there should be a paper street or a deeded right-of-way this gives you the right to access your land. You will either share or be solely responsible for the costs of road improvement.

Wetlands, Pineland & CAFRA are other considerations will be touched on in another article.