“LandBanking” What is it?

There are so many seemingly great “investment” opportunities being offered at present.   The most recent one to drop into my “inbox” was from Asset Worldwide Group Inc , also known as Asset Land Investments Inc.  The email was shortly followed by a telephone call from one of their “investment advisors” (goodness knows how they found my private number!).    The Advisor proceeded to tell me about this ‘amazing’  investment opportunity in Newbury,  where I could purchase the freehold of a plot of land for a minimal investment and see my investment grow over the next 18mths by 75%!  Well, my mother always used to say that if it seems too good to be true, then it probably is!  However, I decided to probe a little deeper and ask a few leading questions like:

  • Does it have planning permission?
  • Which developer is involved?
  • Which Housing Association is involved with regard to the social housing element that will be required?
  • How do I gain ownership?
  • And, if “Asset” own land, which is likely (according to the Advisor, practically guaranteed) to increase in value by 75% in the next 18mths, why are they offering to sell it to me, why not hold onto the land a little longer and take the larger profit themselves?

It transpired that there was no Planning Permission yet granted and no developer or Housing Association lined up.  I could gain ownership by sending them the investment money and their Legal team would produce all the paperwork and register my title at the Land Registry.

Now as a property lawyer, there is an immediate “conflict of interest”.   Without seeing a contract pack before handing over any money, how do I know that Asset even owns the land?  And, how do I know that I can trust them to register the title in my name once I’ve paid over the money?   Basically without independent legal advice on the title to the land, I can’t!

The answer to my final question was ably answered by a Guardian News Report I found from November 2009 regarding a previous development area with which Asset Worldwide Group were involved.  Click here for the full article

So, moral is, and mother was right, if an offer seems too good to be true, then it probably is!  If you are offered a “too good to miss” investment opportunity in land, then get independent legal advice to ensure that before you hand over any money, the title to the land has been property investigated and you have your own legal advisor appointed to protect your interests.  For an informal chat, over the phone or in person over coffee, to discover how we can help contact Newnham & Jordan Solicitors.

This article is intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Angie Newnham
Article by Angie Newnham
Having worked for various law firms in the Bournemouth and Poole area Angie Newnham decided to set up her own business in 2010. Angie’s experience covers a range of legal disciplines including Property Law and Conveyancing, which includes both residential, commercial and agricultural work, Social Housing, Landlord & Tenant issues, Wills, Lasting Power of Attorney and a niche interest in equine law and equestrian agreements.

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