Posts Tagged ‘buying land’

What you should be checking when you are buying land

December 28th, 2009

You decide you would like to move out of the city into more open areas where you are surrounded by green and fresh air.  You have started looking at suitable land acreage on which you can build your dream house.  Before you finally decide on which land you’re going to buy, here are some of the things that you should be checking out

Restrictive covenants: before you buy, you need to be familiar with the details of what you can do and what you cannot do with the land.  Restrictive covenants, also known as restrictions or covenants, exists ostensibly to protect your interests as well as the interests of the neighborhood and should always be looked for in your title search.  Ask for a copy before you begin negotiating, and if, for some reason, a copy is not available, ensure that your agreement with your seller allows for time for you to examine these before closing the deal.  Here are some examples of restrictive covenants:

-Setbacks: these are the open spaces on which you are not permitted to build and are measured from the road or the other property boundaries.  To put it another way, these mark the lines from which you may begin your foundations or your porch.  Make sure that you have a proper site map drawn up by a quantified surveyor and that your builder is familiar with these restrictions before he proceeds to designing your house.
- Types of houses: it is not uncommon for prohibitions to be placed on mobile homes or on modular homes.
-removal of trees: in order to preserve the environment and respect mature trees, often be filling off trees about a certain size (measured by diameter) is not permitted.  Even if this is not in the land use restrictions, they may be local laws that need to be checked so that you do not inadvertently land yourself in trouble.
-number of vehicles: in order to keep “junk” vehicles out of your area, then may be restrictions on vehicles that are not licensed or not in use
-other restrictions: these range from prohibiting subdivision or more in one house for tract to restrictions on outdoor swimming pools or the number of threats that you are allowed to keep.

Here are some of the other things that you should be checking out:
Availability of utilities: check whether the land has arrangements for water and sewerage facilities.  Otherwise you will have to allow for the costs would be in a well and a septic tank.  Also determined that there are proper arrangements for other utilities such as gas, electricity and telephone.

Easements: easements are the rights of other people to use the property for specified purposes for example right of way.  Be sure that you have examined all the easements on the property and that you approve of them.  You can establish what easements exist from the property deeds of the property in question as well as the surrounding properties.

Contingencies: before you sign off on the deal, consider everything else that might go wrong and provide for these contingencies in the documents that you execute.  For instance if access is from a private road, there may be issues regarding road maintenance.  Or you may find yourself paying for environmental liabilities such as removal of underground gas storage tanks.  Be sure to include anything that interferes with the use of the land exactly as you would wish.

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