Is Fort Washington MD Safe?

Hi Marie,

When land goes up for an upset sale auction (typically due to unpaid taxes), whether you can build on it depends on several factors. Here's a general checklist to consider when evaluating if the land can be developed:

1. Zoning Regulations

• Check the local zoning code to determine what kind of development is allowed on the land. Zoning laws regulate land use, and the land may be designated for agricultural use, open space, residential, or commercial purposes.
• Some open space land may have restrictions on development, especially if it's zoned for conservation or recreational purposes.

2. Environmental Restrictions

• If the land is considered wetlands, a flood zone, or a protected natural area, there may be limitations or requirements for development.
• Check for environmental assessments or requirements for permits from environmental agencies before building.

3. Land Use Restrictions

• There may be deed restrictions or easements on the property that limit its use or development.
• Review the deed history and any covenants attached to the property.

4. Access and Utilities

• Ensure that the land has legal access (roads, easements) and that utilities such as water, sewage, and electricity are available or can be installed.
• Building permits usually require proof of access to necessary infrastructure.

5. Previous Use of the Land

• Since the same owner owns houses surrounding the open space, it's worth investigating the historical use of the land. If it was part of a residential community, it could potentially be re-zoned or integrated into a larger development.
• Confirm that there aren’t any legal limitations (like pending litigation or claims on the land) that would affect the development potential.

6. Bidding and Sale Process

• With an upset sale, buyers typically acquire the property as-is, and the local government often does not guarantee the clear title or ensure no encumbrances. Be prepared for possible back taxes, liens, or other financial obligations attached to the land.

Before purchasing land at an upset sale for development, it’s a good idea to:

• Consult with local municipal officials (planning or zoning office).
• Work with a real estate attorney or land use expert.
• Conduct thorough due diligence on zoning, building regulations, and any hidden costs (like unpaid taxes or liens).