Land

Planning the construction of the kanthari institute
before heading out for buying the right piece of land, we had a wish list:
The property should be in the rural part of Kerala, in a rather quiet place, yet not too far away from the city. Since Sabriye is blind, and she wanted to be independent in her travel, she wanted to have access to public transport, so a bus stop or a train station should be nearby.
We wanted to work with international participants; thus an international airport should not be too far away.
Our place was meant as a centre for dreamers, with a campus that invites to inspire.
Having a place that inspires needs cool spots in the shade, lots of trees, plants and flowers, and a view. Therefore, we wanted to be close to a water body: a lake, a river, the ocean, or the typical Kerala backwaters.
The property should be large enough to have space not only for the buildings but also for organic agriculture and rainwater harvesting. But the key factor was having access to water, not only for the daily use of washing, cooking, drinking and cleaning, but also to swim.

Dreaming of the Perfect environment

One day, we held a dream factory session in which we created a long wish list of criteria that would help us to be more precise in our search and selection of potential properties. Back then, prices for properties that bordered water bodies were not as high as nowadays. Not many people wanted to live next to a dangerous river or a lake. And because the world had just experienced the horrific 2004 tsunami, the prices of properties close to the ocean plunged.

When we had clearly defined what kind of property we wanted, we went on a search. We visited 50 plots of land. The property we chose was located on the banks of Vellayani Lake.
It was the 49th property we visited (it took us about 2 months to find the perfect place). When we entered the place, it was relatively empty. There were a few jackfruit and mango trees, and the main area was covered with coconut palm trees, and that was it.
At first, we couldn’t really see the entire land. There were no clear paths. Only when we kept walking straight, we saw a slope going down, and it was at that point that we saw the lake. When a fresh breeze touched our faces, we knew, this was exactly what we were looking for.

The next morning, we met with the owners of the land and signed an agreement to purchase the property. The price certainly was reasonable, but we needed to raise funds, and we needed the funds soon. We contacted many people who had supported us before and explained the concept of what the new center in Kerala was going to be about. What helped was the fact that they knew about the BWB School and Farm that we had set up in Tibet and the fact that they were regularly informed about the development of those projects. We were able to raise the required amount, and once the payments were made, we immediately started phase two: plans for the construction of the campus. We wanted to create a campus that was not only cost effective but also eco-friendly, sustainable and beautiful.
Paul had read quite a bit about the architect Laurie Baker.
(Visit http://costford.org/ to know more about the Laurie Baker style of architecture)

When we found out that he was still alive and that he was living in Trivandrum, we wanted to meet him. Some people said that he was old and weak and that his wife Elizabeth would not allow visitors. So, Paul got the telephone number from a phonebook and called up. Elizabeth picked up the phone, and after Paul briefly explained our plans, she asked us when we could come to meet Laurie. Only a few hours later, we met with them and had a long, pleasant conversation. Laurie said that we should have come ten years earlier so that he himself could have been involved in the design part. He then introduced us to Sajan and Shailaja who had started Costford. Before any lines were drawn on a piece of paper, we spent nearly three days speaking with them about our journey from Europe to Tibet, to India, about the concept and philosophy of BWB, about alternative ways of constructing buildings, and about the goals of the new project that we had in mind to be realized on the banks of Vellayani Lake. Only then did Sajan, Shailaja and Paul start the design phase.

Whenever you start activities that require a certain space, and you are constructing a campus, create it in such a way that it perfectly serves its purpose… In many cases, organisations rent spaces for their activities. In this way, they adapt to the space that was rented. But if you can build a campus, you can adapt the space to your activities!
Our goal was to create a tailor-made campus. The most important part here is to give a lot of thought to what different spaces are essential for the best possible functioning of your organization.

Even though we didn’t have the funds yet, we needed to dream big, and if it was not possible to finance everything in one go, we had to create a step-by-step action plan.
A little earlier, we had organized a dream factory workshop in which we thought of all the possible elements that would make a great campus. Here are some of them:
– An indoor stage with a view of the lake and an outdoor stage, possibly an amphitheatre?
– Spacious dormitories, each room for two persons, with a private bathroom and a balcony so that each person has a bit of space.
– Rooms should have different shapes and sizes; for the participants, there should be rooms in which they can meet, study, collaborate, discuss, hang out, debate, etc. These could be clustered in an academic block. The rooms should have a different feel to it, should be differently shaped and have a different atmosphere.
– The buildings should have a lot of light, but it should not be hot. A draft of fresh air should go through the rooms, open courtyards, open walls…
– Everywhere there should be benches to sit, discuss and philosophize, but there should also be areas where persons could sit quietly and in solitude.
– We imagined niches that could later be filled with pieces of art.
– Outdoor spaces for meetings, holding sessions; there should be a place for recreation, sports, a gym.
– The campus should focus on zero-waste (or minimal waste) management, solar and wind energy, biogas, ecosan toilets, rainwater harvesting, compost production, organic farming, growing fish, ducks…

In the following chapter, we will focus on buying land.

Land

If you have the possibility to buy land, in the long run, it will certainly hold a huge advantage. But before going on a search, try to make a list of wants:
– What do you need the land for? (agriculture, buildings, or both?)
– Size? (minimum/maximum)
– Area? (Rural, semi urban or urban?)
– Budget? (from, to?)
– Environment? (with water or without? Trees or plain? Flat or hilly?)

Checklist

When you see properties, you need to be careful not to get excited right away. There are a lot of issues that can bring you and your organization into big trouble if not looked at and solved before a sale deed is signed. The following examples are about purchasing land in India. Every country has its own laws, rules and regulations, so please make sure that you investigate well, and get lawyers involved to make sure you get all the paperwork done according to the law. The following points were sourced from: https://www.businesstoday.in/money/real-estate/10-things-you-must-check-before-buying-property/story/226029.html

Buying land

Approval and licences:
(a) When buying a plot, you will need to ask to see the title deed in order to confirm that the builder has the full right to it. It is advisable to ask a lawyer for help in getting the deed examined. A mere NOC (No Objection Certificate) from the panchayat or the local governing body does not constitute approval from the authorities.
(b) Release Certificate: If you are buying a property in resale, be aware because it may have been pledged to get a bank loan. In such a case, you will have to get a release certificate from the bank, which will prove that the loan on the land has been repaid.
Additionally, you need to check the Encumbrance Certificate: this is to verify that the land is free from all legal dues.
(c) Verify land use: Verify the land-use zone as per the city master plan for the plot. You can get the plan from the relevant local body office.
(d) Approvals by Local Body: Make sure that the entire layout has been approved by the development corporation and the local body of the city.
(e) Property Tax Receipts: If you are buying a property in resale, ask for previous property tax receipts from the seller along with other bills. This way, you can ensure that there are no pending bills.
List of banks financing the project: With real estate companies sitting on unsold inventory and not having enough cash to complete their projects, banks have become wary of financing them. There are many builders who do not get bank loans at all. So, once you finalize the property and confirm that all the approvals are in place, find out banks which are ready to fund the project, and go with the one offering you loan at the lowest rate.

Calculate the total cost: Do not go by what the broker tells you. Many times, brokers just mention the basic cost and not other factors such as internal/external development fees, preferential location charges, parking/club/statutory charges, and service tax, which escalate the total cost. Ask for the final cost of the property.

Verify the builder: The piece of land in question may be under litigation. Hence, it is recommended that you do an extensive verification of the builder. You could verify its past or current projects or even post queries on the various online real estate forums.

Buy vs rent: Many people buy a property thinking they will use rent to pay EMIs (equated monthly instalments). Experts say it is a wrong approach. Do not over-leverage in the hope that rental income will pay for the EMI. The rental yield on residential properties is generally only 2-3 per cent. Moreover, the property may remain vacant for months before you can find a tenant.

The right plan: There are various payment options available in the market, such as down-payment plan, flexi-payment plan, construction-linked plan and possession-linked plan. Experts say that one must choose carefully, as generally, there is a price for every convenience.

Size of the apartment: Builders generally mention super built-up areas in brochures. This includes common areas such as staircase, lobby, etc. The carpet area of the flat could be 30 per cent less than the super built-up area. For example, a two-BHK 1,000-square-feet flat could actually be just 700-750 square feet. It is advisable to always go by the carpet area, the area enclosed within walls.

Check the infrastructure plans: Metro/public transport connectivity or any other big infrastructure development in the future linked to the location of the property you intend to purchase can boost the return on investment tremendously. Also, ensure that the property is not close to any polluting industry.

Check the site: The layout in the brochure could be different from the reality. So, do a thorough site visit before booking the property. Interact with the people in the neighbourhood as they may know about any illegal occupation or other legal disputes related to the property.

Register your plot: After selecting the property, you have to register it with the concerned authority for you to become its lawful owner. Through registration of the sale deed, a person is able to acquire the rights of the property from the date of the execution of the deed.

Papers

– Are the ownership papers in place? Any ownership disputes or issues should be known before any sale deeds/agreements are signed.
– Are all the original papers available? Check the registration with the registrar/cadastre or other official office where these details can be found. (Get a specialist lawyer involved)
– It is especially important to check why the owner is selling. If an owner is too desperate to sell, then there could be some issues with the property. Some such issues could be but are not limited to the following: the land is contaminated or polluted; there might be planned development projects that could devalue the property (for example, a dam, a road, or factories will be built nearby); there are unsolved disputes connected to the property; family issues could be in place, where one family member sells the plot without the knowledge of the other family members; there could be increased risks of floods, mudslides, or land erosions; there could be issues with the paperwork; power lines are running over the property; windmills are close by (sound pollution), and many more.
– If any equipment/appliances are included in the sale, check the condition and age of the same.
– Make sure to get an inventory list of what exactly is included in the sale.
– How long have the owners lived there? If they are moving out after a short period, it is important to find out why. Do they have noisy/nosy neighbors? Any other factors that would negatively affect you?
– What would be a fair price?
– How much did the seller pay?
– What was invested by the seller?
– How many and what kind of offers has the seller received? Maybe the seller won’t disclose this, but you should ask. Silence can also provide some information… If it is a very low number, there is not much demand; if it is a very high number, why hasn’t he/she sold the property yet?
– What is the minimum price the seller will accept?
– How did the agent decide on an asking price?
– How long has the property been on the market?
– Make sure to check the general market prices of the properties in the area.
– Check if any development projects have been planned in the area that could possibly lead to expropriation.

Accessibility of the land

– What are the costs of water, electricity, gas, etc. in the neighborhood?
– Is the land properly fenced?
– Does the land have access to an electricity connection, or is it close to one? (What kind of electricity? High power voltage for machinery?)
– Is there road access?
– Is there drinking water access? A well? If not, how deep is the ground water? (You might need to get a water sample)
– What would your staff’s commute to work be like? How far? Time? Road condition? Public transport?
– Location of property versus public transportation connections (bus, train, ferries, airport)
– Location of property versus city center, places to purchase consumables: vegetables, fruits, dairy, etc.

Construction

– In order to construct a building, you would need to acquire an official sanction. There are limitations to where and what you can construct. What needs to be checked before purchasing and property is if a sanction can be obtained, and under what conditions, costs and time.
– Are there any specific restrictions when it comes to construction? What can be constructed, what not? Usually, a ‘destination planning’ would be in place (agriculture, forest, urban). If you want to raise animals/livestock, are you allowed to build stables?
– What space do you need? Is the size of the property sufficient to meet your requirements?
– What types of other properties are located nearby? (Any industries? Farmers? Animal husbandry? These all could have negative effects on your ground water.)
– Look at the height of the buildings that surround your property. Light and sunlight are very valuable, and there is a big difference having to live in the shade.

Environment

– Is the property located in a place where a waste management system is in place?
– Are there mountains or hills? Will there be landslides?
– If it is situated along a water body, a lake, pond or river, check if any water-borne diseases are present such as diarrhea, cholera, giardia, dysentery, Escherichia coli (E. coli), typhoid, amoebiasis, hepatitis A, bilharzia, salmonella…
– How high will the water come in the rainy season? (An easy way would be to check a natural indicator, such as grass, shrubs, bushes and trees that could mark this; however, to be more safe, contact the local meteorological department; they should have historical data on floods and water levels.)
– Is the area prone to lightning? Storms? Hurricanes? Cyclones? Earthquakes?
– Wildlife: Are there any wild animals that could enter your property either from water bodies, such as hippos, crocodiles, and snakes, or if you are in jungles, check for the presence of bears, tigers, elephants, hyenas, and snakes.
– If your project is set up in the tropics, check for tropical diseases that are in the area. There are many diseases that can be caused by viruses or bacteria, and others are caused by parasites. Some examples are: yellow fever, Ebola, COVID-19, Lassa fever, Marburg virus disease, tuberculosis, Hansen’s disease, African sleeping sickness, Chagas disease, dengue, Guinea worm disease, leishmaniasis (sand flies), leprosy, lymphatic filariasis, onchocerciasis, rabies, schistosomiasis, trachoma, and yaws.

History of the land

– How many previous owners have there been? How long did each ownership last? If there are quite a few, you will need to find out why this has been the case.
– To avoid ending up with a property that has been contaminated, or has possibly contaminated groundwater, you will need to check what the land has been used for in the last 10 to 20 years. Also check nearby properties. If your property borders a water body like a river, creek or a stream, check the kind of use of the properties that are positioned upstream and, of course, in the direct surroundings: you want to avoid getting a property that needs to deal with contaminating sources from properties nearby.
– What is especially important before you buy any property, even when it looks very good and no visible signs of contamination can be seen, is to do a water test and a soil test. If a seller does not allow you to take soil and water samples, you can be fairly sure that there is something that they want to cover up.
– If you purchase a property for agricultural purposes, you will need to check the overall consistency of the soil. The best type of soil is loam, which is a mix of sand, silt and clay. The advantage of loams is the balance in holding water and nutrient availability between the three. Loamy soils with high organic matter are very well suited for high-demand crops such as vegetables and fruits. Of course, the perfect plot might be hard to find, but not properly testing what you are planning to purchase can lead to a lot of additional challenges. If the property is empty, check the biodiversity: the number of insects, plants and trees in the direct surroundings.
Frogs and dragonflies are bio-indicators of a healthy ecosystem.

– Was it already used for agriculture, and if yes, did the previous farmers use pesticides? (Always test the soil)
– In case you buy a piece of land and you plan to construct (a) building(s), you will need to check what kind of trees are on the plot; cutting certain trees is not allowed. Check this with the forestry department.
– Find a qualified land surveyor to get the right measurement of the land and to provide details about the specific type of land.

Neighborhood

– What are the neighborhood demographics? (Child friendly? Secure? Busy or quiet? Any sound pollution causing factories? Temples? Mosques? Or churches? Any other polluting factors? Quarries?)
– Are there main roads, highways nearby that have busy and noisy traffic?
– Is there a playground for children/youth in the neighborhood?
– Are there any public parks nearby?
– Are there known sex offenders in the neighborhood? (Especially if you are working with vulnerable target groups such as women or children.)
– Was this land ever used as a cemetery? Is it known as a haunted, sacred place? Do witch doctors come and do their practice here? (This you can find out only if you talk to the neighbors)
You might not believe in superstition, but it can hurt your venture if others believe.
– What is the distance to the nearest hospital?
– What are the distances to shops? (nearest restaurant, hotel, wholesale market, food store, etc.?)
– How is the connectivity to public transport? (Bus, train, ferry, airport?)
– Where are nearby schools for possible orphan projects, shelter homes, etc.?

Possible external interventions

– Earthquakes
– Hurricanes/Typhoons/Cyclones
– Wildfires
– Floods
– Locusts
– Tsunamis (if your property is close to the ocean)
– Volcanic eruptions
– Mudslides

History of a building or construction

– When was the house/building constructed?
– If built with mud, stone, wood or others, check the age of the materials.
– What was the house used for before? (Have people lived in it recently? If not, be careful and find out the reasons.)

Pests

– Are there ants or termites and/or other pests (rats, mice, or other rodents and/or insects) in the house?
– Is there fungus on the walls? (this can often be smelled or seen in the form of wet, dark spots on the walls)

Building condition

– Have there been any new renovations lately? If yes, ask for the reason. There might be some reasons; however, usually, no house owner invests in renovations shortly before selling it.
– How old is the roof? Is the roof waterproof? (try to visit the house on a rainy day) Check the physical condition of the rafters, tiles, insulation and any other construction materials used.
– Does the house have insulation in the walls and attic?
– Are the gutters in good condition?
– Is there radon in the house? (Radon is a colorless, odorless, radioactive gas that’s found in about 1 in every 15 homes in the USA…)
– It is especially important to check any potential health hazards. Most common: Use of asbestos. If so, walk away. There are three primary diseases associated with asbestos exposure: asbestosis, lung cancer, and mesothelioma.
– Have any appliances or systems (hot water system, sanitation, heater?) been replaced, and if so, when? And why?
– Have any major repair works been conducted in the past? And if so, why? (Were any additions built?)
– What is the type of foundation?
– Which way does the property face? (Wind/rain and Sun directions?)
– If you do not have sufficient knowledge to check if a house/building is in good condition, make sure that you bring along a specialist. (This should be a person who does not know the seller and who gives an independent report.)

Water

– Is running water available? In which rooms? Locations? Inside? Outside?
– Where does the sewage water go?
– What kind of toilet system is in place? If water closet (WC), to what sanitation system/sewage is it connected?
– Does all sanitation work properly? Any leaks?
– Do you have a well? Can you test the water?

Prices

What is the right price for a piece of land, a house or a building? This is a tricky field. Of course, the seller wants to sell for the highest price possible, and the buyer wants to get it for the lowest price possible. If you show that you desperately want to buy the plot of land or property, you can be assured that the seller will charge you with the highest price possible. So, what can you do to get a reasonable price?
– You will need to spend some time to investigate.
– Can you make a price comparison (similar neighborhood, square meter price, condition and age of the house)?
– How much have similar properties been sold for in the neighborhood?
– Can you speak directly to the sellers?
– When do the sellers have to move out?

Land registration

Every country has its own set of rules to get a property officially registered. Therefore, it is important that you inform yourself about the same. Here are a few guidelines to be followed: (mostly valid for India, but similarly important for other countries)
You need the help of a lawyer to look at all the legal aspects and to ensure that the land is free from any liabilities.

– Find a good document writer who is trustworthy and who has good connections with the registration department.
– In India, payment must be made for the preparation of the sale deed to the document writer and for the stamp paper. (Stamp duty charges range from 3-10% of the property value.)
– After preparing the sale deed, the same must be read before the registration clerk, and the same has to be cross-checked with the copy of the sale deed given to them.
– Once the final payment is made to the seller, the seller will have to appear before the registering authority to sign all the documents and to express his willingness to transfer the land to the name of the buyer, before the registrar.
– After the registration is done, an application has to be filed in the village office to transfer the ownership to the buyer’s name. Once this is done, the land tax, building tax, etc. can be paid in the name of the buyer.