EAGLESTAR.NET LAND AND PROPERTY REVIEW
http://www.eaglestar.net
Issue #3
Feb. 11, 2008

IN THIS ISSUE:
Properties of the Week
Prudence and Due Diligence When Buying Land, Part 2: Access
Buyer's List and Auction News
Landterms.com Term of the Week: Silviculture

"And he gave it for his opinion that whoever could make two ears of corn, or
two blades of grass, to grow upon a spot of ground where only one grew before,
would deserve better of mankind and do more essential service to his country
than the whole race of politicians put together."
- Jonathan Swift

CORRECTIONS AND CLARIFICATIONS
In the last issue, we stated that it was not necessary to have a survey if a
property was located within a platted subdivision or town. Obviously each
situation is different, and there may be some cases where a platted property
needs to be surveyed. For instance, if walls, roofs, or other structures
appear to be encroaching onto the parcel, you would be wise to have a survey
done or ask the seller to do so. A survey is also recommended if the property
boundary markers are obscured by structures, vegetation, or time, and you are
concerned about getting all the real property for which you are paying.
Surveyors, like all of us, occasionally make mistakes. Problems with previous
surveys would also warrant having a platted property resurveyed. In rare
cases, bad surveys have been recorded on plat maps for entire subdivisions.
The surveyor you choose should be licensed, bonded, and insured. He or she
should also be able to provide references from former clients. It's also a
good idea to try to find out what his or her track record with previous
surveys has been, if you can.


PROPERTIES OF THE WEEK
Every issue we feature several properties that we find especially interesting.
This week we're looking at agricultural properties.

Property #1 - Ranch, farm, and hunt on 2,628 acres in Malheur County, Oregon.
7 homes (2 main), shops, 1000+ irrigated acres, corrals, feedlots, pastures,
borders BLM land, potential hunting income. For photos and additional
information, visit http://www.eaglestar.net/knp4-.html

Property #2 - Home and farm, 113 acres, central Kentucky. Beautiful red brick
home, 1929 sq. ft. first floor w/ 3 bdrm, 2 bth, family room w/ fireplace, and
more. Finished basement, 1929 sq. ft., 2 bdrm, 1 bth, and more. Cropland,
pasture, and woods. See photos and details at
http://www.eaglestar.net/scw.html

Property #3 - Progressive family farm operation in Minnesota seeking
agricultural land investors for expanding operation. Investor buys and owns
land, leases back to farmer (cash or profit-sharing). Earn income from both
operation and land appreciation. Photos and details at
http://www.eaglestar.net/cohee1-.html

Property #4 - Carbon County, Montana. 356 acres: house, shop, pastures,
creeks, farmland. Will consider splitting property into smaller parcels and
possible trade for land in Oregon or northern California. Photos and
additional information at http://www.eaglestar.net/newbill2-.html


PRUDENCE AND DUE DILIGENCE WHEN BUYING LAND, PART 2: ACCESS
We believe that wise property buyers look ahead to the day they may want to
sell that property. As a buyer, if you address at the time of purchase
potential issues that may arise in the future, you will find that the property
is much easier to sell when you are ready to do so. Remember that in real
estate, "buyers are sellers and sellers are buyers".

Before you sign the sales contract, consider these tips about land access.
Q: If there is a roadway accessing the parcel I want to buy, will I always be
able to access my property via that road?
A: Not necessarily. The issue of access, especially to parcels of land outside
of platted towns or subdivisions, can be more complicated than it appears on
the surface. Not only should you determine whether the parcel has good,
year-round physical access, you must also make sure that the physical access
and the legal access are the same. This basically means making sure any roads
you use to access your property are in the correct physical location. If the
access to the parcel is improperly located, you may have to find another way
in, at your expense.

Q: How can I make sure the access to the property is legal?
A: First, you must determine whether the roads that access properties in that
area, as well as the access roads to your particular parcel, are public or
private. If the roads are public, platted, and maintained by the county or
other government entity, the existing access is most likely assured. The
situation becomes more complicated if the access roads are private and legal
access to parcels is granted via easements that run across the private
property of others. In cases like this, it may be nearly impossible to ensure
that all the roads that are used to access a parcel are legally located within
the road easements.
If a dispute arises, common law dictates in most areas that once a road has
been in use, a property owner must take civil legal action in order to
physically stop others from using it. In other places, the property owner must
provide an alternate route of comparable quality in order to stop others from
using a roadway. If a survey shows that the road is improperly located, you
should be prepared to move it at your expense. In many cases, the best
solution is to try to come to some sort of agreement about the road with the
property owner. If you are able to do this, get the agreement in writing and
have it legally recorded. Another option is mediation or arbitration, offered
in many jurisdictions as alternatives to court action.

Q: Is there any way to avoid situations where my property access is in
dispute?
A: Not totally, but there are some steps you can take to protect yourself.
First, inquire about the property access with the seller and/or his real
estate agent. Ask the seller to sign a statement, required by some states and
title insurance companies, to the effect that the property has physical and
legal access, and that the physical and legal access are the same. Have this
document recorded. Second, have the property surveyed, and the physical and
legal access to the property described and mapped on the survey to the extent
possible. Third, obtain a title insurance policy that guarantees physical and
legal access to the property.

Of course, these tips are generalizations only and do not adequately cover all
situations, locations, or circumstances. We offer them for consideration only
so that buyers may make more informed decisions about land purchases. An old
adage is that "real estate transactions are like train wrecks - no two are
ever exactly alike".


BUYER'S LIST NEWS
Placing a buyer listing is free and gives buyers additional access to more
lands and properties available. To place a buyer ad, go to
https://www.eaglestar.net/pages/buyers.html

See over 850 "Real estate wanted" listings created by registered property
buyers, searchable by keyword at
http://www.eaglestar.net/Land_Buyers_List/index.html

Stargazer looking for prairie/astronomy retreat in the Dakotas, Montana, or
southern Saskatchewan and Manitoba. Parcel size 2-40 acres, depending on cost.
Prefer gravel/dirt road, total darkness, total silence, total seclusion.
Please refer to buyer #20243.

Kentucky or Tennesee: Buyer seeks rural land (40+ acres) with running water,
house with 3+ bedrooms. Prefer Amish built home with outbuildings. Please
refer to buyer #19900.

Looking for bare farm land in Idaho, older home OK. Property must have
adequate water rights. Please refer to buyer #19796.

United States: We buy rural raw land, farms, ranches, and timberland. 100 acre
minimum, w/road frontage. Please refer to buyer #19759.

Seeking small farm in Iowa, 10+ acres, 4+ bdrm home, out buildings and
preferably a water source. Please refer to buyer #19797.


LANDTERMS.COM TERM OF THE WEEK
http://landterms.com
Every issue we feature a real estate, forestry, natural sciences or other
land-related term from our partner site, Landterms.com.

This week's term is:
Silviculture - the practice of manipulating and controlling forest
establishment, growth, composition, structure, and to a certain extent,
function. Silviculture can be thought of as agriculture for the forest, with
trees as crops.

Silviculture Terms: http://landterms.com/Silviculture/index.html
Forestry Terms: http://landterms.com/Forestry/index.html
All Categories of Terms: http://landterms.com/categories.html

Landterms.com is continually updated with new terms. Check back frequently for
updates. If you have a term you think we should add to the glossary, log in
and let us know!

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