4 Tips for Buying A House in the Country
If you buy a residential property in a city or town, it is generally easy to establish the allowed uses of the property, the lot boundaries, and the availability of city water, sewer, and utility services. But buying a rural residential property requires a prospective buyer to look into issues they may have never considered or encountered before. We’ve developed this checklist to assist clients who are considering purchasing a residential rural property.
Checklist for Buying a Rural Property
1. Boundary Lines
Property lines (or “boundary lines”) are the official delineations where one piece of land ends and the adjacent land begins. These are important to be aware of when purchasing any property, but especially in rural areas if you want to minimize future disputes. To determine boundary lines:
Get a copy of the last recorded survey of the property.
Talk to neighbors about boundary lines and their understanding of where their property ends, and your potential new property begins.
Have a surveyor find corner points and be on the lookout for anything concerning, such as a misaligned fence.
2. Easements
An easement is a set of rights that give a person or entity the right to access someone else’s property for a particular purpose. Make sure all easements benefiting or burdening property are located and understood and establish who is responsible for easement maintenance.
3. Land Use
Understanding the permitted and prohibited uses for the rural property you are considering purchasing can be beneficial in avoiding future conflict. To gain a better understanding:
Check with the appropriate county land planning department to ensure that all uses and structures on the property are allowed for the applicable zoning.
Understand that adjacent farm or forest uses are generally protected by law from nuisance claims.
Call the sheriff’s office and county land use enforcement officer to see if adjacent properties have any non-conforming or illegal activities reported (such as squatters or drug manufacturing).
Establish that the property is within a defined rural fire protection district.
4. Property and House Inspections
If you have purchased any property in the past, you are likely familiar with home inspectors. Uncovering issues early on will allow you to make a more informed decision regarding the property purchase. Ensure your inspection includes the following:
Have qualified pest/dry rot and whole house inspections for all significant structures.
Ensure well water is tested for nitrates, bacteria, salt, and arsenic.
Ensure the well produces at least five gallons per minute for four hours during the summer.
Ensure the septic system is properly functioning and there is sufficient room on the property for a replacement drain field.
If your research uncovers a concerning issue from the above checklist, it is a good idea to consult with a knowledgeable attorney specializing in Land Use law. Our firm regularly assists clients in such matters. Book a consultation with us today!
The information provided here does not constitute legal advice. Hutchinson Cox makes neither express nor implied warranties regarding the use of this material. The reader should always seek competent legal advice as the facts of every case vary.