THE LETTER OF THE LAW

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When I bought one quarter of a quarter section I presumed that I was getting a full 40 acres measuring 1,320 feet on a side. Now I find that my land is just shy of being a full 40 acres. How can that happen?

Although the original government survey in much of the midwestern and western states established sections that measure one mile per side, in reality it is not unusual to find sections and their subdivided parts that measure something slightly different. Many factors affect the actual size of parcels that are legally described by the government survey method. The most common of these are: a past survey error, mining patents or other land claims that were established before the original government survey took place, or corrections for the curvature of the earth. You have not been cheated. You have received a full quarter of the quarter section in which you bought your land, even though your section may not have perfect measurements.

My friend who is also looking for land hassuggested we buy land together and the ideareally appeals to me. Can you offer any adviceregarding this type of purchase?

The idea of buying land together is very appealing for several reasons. Usually the more acres you buy the less you will pay per acre. Two together can often buy much more land than if each bought separately. It is also often efficient to pool labor and development costs on a shared piece of land. There are several important factors to consider before taking such a step, how ever, and you would be wise to consider them carefully.

If you are single purchasers, what will happen in the event that either or both of you marry? If you use your resources to build one home, what will the other partner live in? What will happen in the case of a divorce? If a partner dies, who will inherit, children or the partner? What if one partner has to contend with a severe illness and needs the investment back? Will the the other partner be able to cash his or her equity out and assume the payments, or would the burden be too great? Would both partners then have to sell out? Can new partners be added at a later date? Partners may be in agreement with respect to their ideas when starting out together, but memories sometimes inadvertently skew those understandings. as years go by. To be provable, real estate agreements should be in writing (and that is the easiest way to avoid a lapse of memory anyway).

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