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Due Diligence in UK Land Investments: How to Minimize Your Risk

“Due diligence” is a data-gathering process that aims to minimize an investors’ risk. With respect to investing in UK land, due diligence refers to the thorough investigation and evaluation of a piece of property that takes place prior to the final land purchase. Proper due diligence for UK land investments should take into account not only the land’s current physical, legal, social, and financial characteristics, but also expectations for future investment performance.

Typically, due diligence is accomplished by engaging the services of specialists in each of the fields previously mentioned. The specialists should be well versed in conducting inspections, collecting data, and preparing comprehensive reports specifically geared toward the needs of the investor pursuing land development and investment in UK land.

Due diligence begins in a somewhat informal manner at the inception of the land investment opportunity. A preliminary understanding is achieved after all parties involved in the investment proposal are in agreement that the transaction should be formally pursued. At this point the investor should obtain an agreement with the seller to "protect" the property from being sold to another investor while due diligence is being conducted. The agreement should specify the exact time parameters in which the due diligence must occur. The usual time frame for investments in UK land can be from 30 to 90 days. The land investor should specify rights to close the deal at any time during the inspection period, or to choose not to finalize the sale and have their deposit returned in full.

The extent of due diligence required when investing in land will depend on factors such as property size, the investor’s risk tolerance, resource availability, financial and time constraints, and how experienced the land investor is regarding land development and investments in UK land.

The specific points addressed in due diligence for UK land investments should include, but are not limited to the following:

Title:
Ownership issues including other rights and claims on the land

Survey:
Boundary survey with adjacent land and any additional survey necessary for further land development and use planning

Land use:
Zoning, site plan approvals, building permits, and lot size

Utilities:
Availability of electricity, gas, telephone, cable television, internet service, water, and sewer or septic systems

Access:
Legality and condition of existing physical access, and cost of maintaining, improving, or adding access roads

Environmental:
Health issues regarding water and septic disposal, environmental issues regarding septic systems and hazardous soil contamination, topography, soil and slope stability, drainage and flood hazards, stream, wetlands, and shoreline management issues, and fire safety issues

Social:
Proximity to new developments, schools, shopping, attractions, crime statistics, and undesirable facilities in the immediate vicinity

Market:
Recent sales in the area, migration, and infrastructure information, assessment of the lands potential profitability, and overall local economic conditions

When investing in UK land, it is important to achieve a balance between learning enough to make a wise investment decision without over-analysing to the point of delay and possibly loosing the deal to a competing land investor. The savvy investor knows that attempting to uncover all possible risks is not feasible. Instead, focus on carrying out a strategic and timely due diligence process. Trust your instincts about the unique features of the particular property in question and you will greatly improve your profitability odds not only in UK land investments but also in any land development venture.
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