Our Development Process
Unlocking a Property's Full Potential
Some of the most valuable land isn't usable in its current form. A parcel might have no legal road access, no way to bring in electricity or water, or not enough frontage to meet zoning requirements. To most buyers, these properties look like dead ends. To us, they're opportunities.
Our development process is built around solving these problems. Often the solution is securing easements, along with the research, approvals, and planning that make a property buildable. Because this work takes time, we structure our purchase agreements with an extended due diligence period.
What Is an Easement?
An easement is a legal right to use part of someone else's property for a specific purpose, without owning it. Easements are recorded with the registry of deeds and usually stay with the land even when it changes hands.
Common types of easements
- Access Easement (Right-of-Way): Allows a property owner to cross a neighboring parcel to reach a public road. This is often the key to unlocking landlocked land.
- Utility Easement: Allows electric, water, gas, sewer, or internet lines to run across a property to reach the land that needs service.
- Drainage Easement: Allows water runoff to flow across a property through ditches, pipes, or natural channels.
- Driveway or Shared Access Easement: Allows two or more owners to share a single driveway or private road.
Why easements matter: A landlocked parcel with no legal access can be nearly impossible to build on, finance, or sell. Once a recorded access easement is in place, that same parcel can become a buildable lot worth many times more.
Why We Use an Extended Due Diligence Period
A standard real estate contract typically includes a short due diligence period, often a few weeks, for inspections and title review. That isn't nearly enough time to negotiate with neighbors, complete surveys, draft legal documents, and get local approvals.
An extended due diligence period, which can range from several months to a year or more depending on the project, gives us the time to do this work properly. During that time:
- The property is under contract and reserved for us
- The seller's purchase price is locked in
- Our team handles the research, negotiations, and approvals
- Both parties have a clear timeline and defined milestones
How the Process Works
Step 1: Agreement and Contract
We agree with the seller on a purchase price and sign a contract that includes an extended due diligence period. The contract outlines the timeline, the work we plan to do, any deposit, and what happens at each stage. Sellers know exactly what to expect from day one.
Step 2: Title and Survey Review
We review the property's title history to confirm ownership and identify any existing easements, liens, or restrictions. A licensed surveyor maps the exact boundaries, locates existing access, and identifies where new easements would need to go.
Step 3: Zoning and Site Evaluation
We study local zoning rules to understand what can be built and what the property needs to qualify. This includes:
- Frontage and lot size requirements: Many towns require a minimum amount of road frontage for a lot to be buildable.
- Soil and septic testing: Where there's no public sewer, a percolation (perc) test shows whether the soil can support a septic system.
- Wetlands and environmental review: Wetlands, streams, and protected areas can limit where building is allowed and may require review by the local conservation commission.
- Utility availability: We confirm how and where power, water, and other services can be brought to the site.
Step 4: Securing Easements
With a clear plan in hand, we reach out to neighboring landowners, utility companies, and municipalities to negotiate the rights the property needs. This can include:
- Meeting with neighbors to explain the project and reach a fair agreement
- Offering compensation for the easement where appropriate
- Having an attorney draft the easement documents
- Recording the easement with the registry of deeds so it is permanent and legally protected
Step 5: Permits and Approvals
Once access and utilities are secured, we pursue any remaining permits or approvals, such as subdivision plans, building permits, or conservation approvals. As the current owner, the seller may be asked to sign applications, and we prepare everything so the process is simple.
Step 6: Final Review and Closing
When the work is complete and the property is ready for its intended use, we move to closing. The seller receives payment as agreed in the contract, whether in full at closing or through a seller financing arrangement.
If an Easement Can't Be Secured
Not every effort succeeds. A neighbor may decline, or an approval may not be granted. If this happens, the contract explains the options, which may include adjusting the plan, negotiating new terms, or ending the agreement during the due diligence period. We are upfront about this possibility from the beginning so there are no surprises.
What This Means for Sellers
- A path to sale for difficult properties. Landlocked or unbuildable land can sit on the market for years. We take on the challenge.
- We cover the work and the costs. Surveys, legal fees, engineering, negotiations, and permit applications are handled by our team.
- A fair price. Because we can unlock value that others can't, we can often offer more than a typical buyer would for land in its current condition.
- Clear communication. We provide regular updates so sellers always know where the project stands.
- Minimal disruption. Sellers keep ownership during the due diligence period, and we coordinate any site visits in advance.
What We Ask of Sellers
- Allow reasonable access to the property for surveys, testing, and evaluations
- Continue paying property taxes and keep the property in its current condition during the contract period
- Sign permit applications or approvals as the owner when needed
- Share any information they have about the property, such as old surveys, past agreements with neighbors, or known issues
Frequently Asked Questions
Why does this process take so long?
Easements depend on agreements with other property owners, legal documents, and local approvals, all of which follow their own schedules. The extended period ensures the work gets done right.
Can I sell to someone else during the due diligence period?
No. Once the property is under contract, it is reserved for the buyer under the agreement. This protects the significant time and money invested in the project.
Do I have to pay for any of the work?
No. We cover the costs associated with our due diligence and development work.
What happens to my property if the deal doesn't close?
The property stays yours. In many cases, the surveys or research completed during the process can still provide useful information about your land.
Will the easement affect my neighbors?
Easements are negotiated fairly and in good faith. We work to find solutions that respect neighboring owners and, where appropriate, compensate them for the rights granted.
Patience That Creates Value
This process takes longer than a standard sale, but it allows overlooked properties to reach their full potential. For sellers, it means a fair price for land that might otherwise go unsold. For buyers and investors, it means property that is accessible, buildable, and built to hold its value. And for the community, it means thoughtful growth that puts land to its best use.
This information is for educational purposes only and is not legal advice. Each property and agreement is different, and we encourage sellers to review any contract with a qualified real estate attorney.
