LAND BUYING: DO'S AND DON'TS
(Page 2 of 8)
November/December 1982
By Robin Smith
Furthermore, don't assume that, because a piece of property is on a county or state road, access will be guaranteed. If the right wasn't granted to the previous owner—or if no driveway has been put in yet—you may have to get permission from the county or state. Such permits are not always automatic, and they'll generally cost some money.
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Finally, be sure your right-of-way, when you do get it, is transferable to your heirs or to any other future owners.
WATER/SEWER/DRAINAGE AND RELATED MATTERS
Water and soil drainage are also critical concerns. That creek running across your dream parcel may be lovely, but take the time to discover whether you have the right to use it. Your water supply could, for instance, be part of a city watershed, in which case it's possible that you'd be unable to use a single drop of the liquid legally. In addition, the law could require that all your livestock be kept several hundred feet from the creek . . . or could prevent you from legally putting in any sort of septic tank or outhouse. In short, it's best to refrain from buying on a watershed, unless you have a written statement from the city specifying your rights and you're certain you can comply with the most minuscule detail in the agreement.
Be aware, too, that outhouses are illegal in some areas, and—where this is true—a homeowner must either have a septic system put in (the location for which will be legally defined by proximity to domestic water supply and drainage) or, in some localities, hook up to a public sewer system.
If the installation of a septic system will be necessary, make several "perk" tests before buying any piece of land, to assure yourself that there are some places—away from your water supply—where the drainage is adequate. I once tested a piece of land only to find that eight hours after pouring some water in a test hole, the liquid's level had gone down a mere fraction of an inch! On the other hand, though, I know of a sandy region with such "good" drainage that the dyed test water showed up in a neighbor's water supply over 1,000 feet away! No sewage permits of any kind could be issued to anyone unfortunate enough to buy that land.
While we're on the subject, let me make one final point: In some areas, the state holds rights to all water supplies, and—in such a case—landowners must file an application to use them.
WHAT ABOUT MINERAL RIGHTS?
Many people consider mineral rights to be of very minor importance. I don't . . . because I've seen examples of what can happen to a farmstead when the owner doesn't hold them. One man, for instance, bought what he thought was an ideal piece of property .. . built a beautiful home . . . and planted a hundred acres of orchards and gardens. In short, he invested a fortune in his land, in terms of both time and money. That individual knew he didn't own the mineral rights to the property, but the real estate agent had assured him that they weren't important.
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