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Many mountain homesteads are supplied by a spring and reservoir. This
type water supply is preferred by many people, but springs do require
additional maintenance and more undisturbed land to assure that you have
clean water. If there is a spring on your property that you wish to cap
for a water supply, refer to your local library for information. If the
spring is not on your property, you should obtain a water rights
agreement from the adjoining landowner granting access to their spring.
If there is already a water supply on the property, have it tested by
a reputable laboratory to determine if there are any impurities in the
water.
Septic Systems
In most municipalities, sewer service is available. In rural areas,
sewer treatment is handled by a septic tank and drain field. If you are
planning to build in the future, make sure that your property is
suitable for installation of a septic tank. Call your county health
department to have a site assessment done to get a permit for a septic
system. They will also take into consideration your water supply and
others in the area to assure everyone has a safe water supply.
Access Issues
Rural property is often accessed by a right of way across another’s
property. Rights of way are relatively common in rural areas. Generally
your title opinion, prepared by an attorney before you purchase the
property, will alert you to any problems with access to the property.
Generally, you should stay away from property with access problems,
unless you are certain of, and fully understand the risk that you are
taking.
There are several types of rights of way. The most common types are
deeded, surveyed, prescriptive, and the NC cartway laws. Your attorney
can discuss the different types of rights of way. Rights of way can also
be of different widths based upon what the property will be used for.
Development of property requires a right of way sufficient to build a
suitable road, often a right of way 50 feet wide or more is required.
Many times a seller will only grant a small right of way to limit future
development and the number of homes that can be built on a particular
property. Make sure you have a sufficient right of way for the intended
use of the property that you are purchasing.
Another issue with rights of way, is who pays for the maintenance of
the road. Sometimes road maintenance is a very informal affair taken
care of by one of the landowners with their personal equipment. Others
have a written agreement that specifies the amounts that each owner will
pay toward road maintenance and penalties for non-payment. Again, your
attorney can tell you if there is an agreement recorded. Otherwise talk
to the other landowners and find out what the custom is and how
comfortable you are with the other owner’s ability to uphold their
responsibility for road maintenance.
Environmental Issues
You need to know something about the history of any rural property
that you purchase. Your attorney can tell you the chain of ownership,
generally for the past 35 years. Look for any names in the chain of
ownership that signify that the land was ever used for any industrial or
commercial use. Also talk to neighbors who have lived in the area for
many years and ask them about former landowners and their uses of the
property.
Do a visual inspection of the property. Look for any places where
there was junk, trash, or abandoned vehicles. It is generally best to
have the present owner remove any of these items as a condition of sale.
Look for anything out of the ordinary that would signify that trash or
tires had been buried. Look for any pipes sticking out of the ground, or
evidence of above or underground storage tanks. Again, these hazards are
best removed prior to taking title to the property.
Inspect the inside of any buildings and make sure nothing is stored,
especially old bottles and cans. It is amazing how often arsenic
compounds, chlordane, and other banned products still lurk around in old
farm buildings. These were once common garden chemicals. Your local
extension service can advise you on safe disposal of old chemicals.
While they are not common, environmental hazards can be a serious
problem, so it pays to practice due diligence to avoid this problem
before you purchase rural property. If during the course of your tour of
the property, you find something that needs further inspection, there
are several environmental engineering firms in the area that specialize
in environmental hazard assessments.
Boundary Issues
Some of the most heated encounters I have ever witnessed have been
over boundary line disputes, often over just a few feet in a hundred
acres. While urban boundaries are generally short and very well
established, rural tracts are generally larger acreages, and can have a
boundary of several thousand linear feet.
Surveys can be many years old, or nonexistent. It is up to you as a
buyer to make sure that the property described is the property that you
are purchasing. If you do not have a survey, there are several things
you can do to help assure yourself of the acreage of the property that
you are purchasing. First, go to the local tax assessor's office and get
a copy of the tax map of the property you are purchasing. Also get a
copy of the tax card. This will reveal the acreage the present owner is
paying taxes on. Second, find a copy of an aerial photo of the property.
You may find this at the tax assessor's office, or the local Farm
Service Agency office. Third, obtain a copy of the legal description to
the property. Fourth, gather all this information and find someone that
has a software program to draw a map of the property from the legal
description. At Carolina Farm Credit, we have this program in all our
offices and many appraisers have the similar software as well. A
surveyor will be able to help also. This software will also calculate
the acreage of the property, so that acreage can be compared to the
stated acreage in the legal description and tax card.
Once you have the map drawn to the appropriate scale, overlay this
map on the aerial photo or tax map and compare the two. Generally the
two will reconcile very closely. However, any large discrepancies should
raise a red flag and signal that a new survey may be required. This
could be expensive as survey costs on large rural tracts of land can
cost several thousand dollars. Another thing to consider is the county
where you are purchasing property. Old surveys and less-than-perfect
legal descriptions are much more common in the more rural areas of
western North Carolina than in Buncombe County.
Once you are satisfied that the boundaries are well established, take
the map, or survey, and walk the entire boundary of the property. Try to
identify all the major corners and make sure that the markers are in
place. This is especially important if you have had a new survey
completed. It may be advisable to get the adjoining landowners to walk
their section with you.
Financing
Many tracts of rural land are owner financed. The owner of the
property does not want all the money at one time, so they will take a
down payment and typically finance the balance for 10 to 30 years.
Generally, this is the easiest and lowest cost option because there are
few underwriting guidelines and no origination fees with owner
financing. Another advantage is that interest rates are often lower than
the rates banks offer.
If owner financing is not available on the tract that you purchase,
obtaining financing on rural property can be a challenge. Few lenders
will offer the same terms and interest rates on loans for vacant rural
land that they offer on your primary residence, unless you do a cash-out
refinance, with your dwelling as collateral. The main reason for this is
that most institutions do not want to originate and keep long-term loans
in-house. Expect to have at least 20% or more as a down payment, and
expect a variable rate, or fixed rate with a balloon feature at 5 or 10
years.
Another option for financing is The Farm Credit System. The Farm
Credit System is a nationwide cooperative that specializes in financing
rural property. The local Association is Carolina Farm Credit, ACA.
Loans with terms up to 20 years, and 85% loan to value are available.
Borrowers may have a choice of variable, adjustable, or fixed rates.
Purchasing and owning a tract of rural land can be a rewarding
experience. However, as shown here, it is a different experience from
buying a house in town. Hopefully, the information that I have presented
here will make the process of purchasing your dream property easier.
David L. Lee is the Asheville Branch Manager of Carolina Farm
Credit, ACA, located in Asheville, NC.. Carolina Farm
Credit has 40 offices covering western North Carolina. For more
information on financing rural property contact David at www.carolinafarmcredit.com.
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