#easements

Can you help Josh fix children’s social care? His review is calling for your advice – Special Needs Jungle

A good question, how would you comment? Source: Can you help Josh fix children’s social care? His review is calling for your advice – Special Needs Jungle

Boundary disputes.  Well....that certainly is an uncomfortable topic, isn't it?

What is a boundary dispute?  It is when adjoining property owners disagree about the specific location of the boundary between them.  Usually, these are fairly confrontational (I use the term "Range War" pretty often).

There are several ways that the legality of a boundary can be tested; however, a suit to quiet title is commonly used.  A suit to quiet title is  a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires description of the property to be "quieted," naming as defendants anyone who might have an interest (including descendants-known or unknown- of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties.

The Court essentially makes a determination of the owner of the property and enters an Order accordingly - thereby "Quieting" title.

Property matters?  Let us put our expertise to work for you.

THE RATLIFF LAW FIRM | 888-374-5078 | (276) 522-1220

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Hi, everyone. Today's Zebra Report is on location. I am on-site today at a residential development property troubleshooting some easement inspection work. Oh, how fun is that?

I want to talk a little about easements today because I have received a lot of calls recently pertaining to delayed closings due to last minute issues arising from easement challenges. Easements are by far one of the trickiest things to navigate when you are buying, selling, and representing clients on real estate transactions.

Easements can be a complicated topic due to the incredibly profound impact they can have on a piece of land. They have been the cause of many conflicts between neighbors and they are often hard to understand.

I encourage every real estate agent to actively seek out knowledge about easements. Title companies sometimes offer classes on easements to educate agents on how they work and to try to help them better identify common easement issues. This understanding is critical, because as an agent, you will have to communicate with clients that do not understand the full impact of the easement that comes with the property they are buying. Easements need to be respected, reviewed, analyzed and you need to fully understand all that comes with having an easement on a property.

You must fully understand what rights are given to a person or entity when an easement is granted. What access rights are given, when can those access rights be exercised and who can and cannot access the property. Are there limitations of when the easement can be accessed and what can be done on the easement area?

I have seen access easements with time limits. I have seen usage easements that only allow use certain times of the year. There is no limit to what can happen with easements. I want to warn everyone that, of all the things I have experienced over the years, the one thing that can cause problems for a development, a project, transaction, or any real estate deal is an easement issue.

You need to understand them to do your job well. So, get to know them well. Some easements go back 30 years or more, and there may be old technology involved that was never accounted for when the original easement was created. So be aware of ALL easements, they should be like big red flags waving warning signs to STOP, INVESTIGATE, and get the advice of an easement expert.

Above all else, never have a client sign off on a property with an easement unless they understand and have read every document pertaining to that easement and have discussed that in depth with a good land use attorney or easement expert.

Easements are one of the best things you can develop expertise in. Are they fun? Not really. Will your knowledge of easements be essential to making a deal happen one day? Almost certainly. So, get out there and sharpen your easement tool.

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Do you have clients sitting on undeveloped properties? Or maybe you have clients looking for undeveloped properties? If you do, then they will eventually ask you when and if they should subdivide or develop that property. When they do, it is critical that you slow down and NOT answer that question too quickly.   There is a lot of information and fact gathering that must occur before you answer that question.

Here are my top 11 things that every homeowner who is considering developing must know.

LOCATION Land itself, even without a home on it, can be a good investment. The challenge is determining the true value by evaluating potential use and demand.  Location is paramount in determining value.  Tiny little houses in the middle of bustling downtown neighborhoods can sell for top dollar due to the supply of land in that area.  A large lot that can be subdivided into two lots can also sell for a pretty penny.

ZONING LAWS The value of land is impacted by zoning laws which determine what you can and can’t do with the land. Your client must check current property zoning regulations for their piece of property. Pay attention to the county’s long term land use plans and scheduled road additions as these are indicators of future growth.

HOMEOWNER ASSOCIATIONS Is the developable land in a subdivision governed by a homeowner’s association? If so, check the rules of what can be built and if there are restrictions regarding footprint, size, or style.  Also make sure that you read EVERY page of the HOA’s regulations around new home builds as you could be in for a surprise if you don’t.

COSTS TO DEVELOP LAND There are many costs to consider when developing land and many people that own a piece of land that could be developed don’t realize that they have to incur those costs up front. Make sure you have they know this before they ever agree to develop. title insurance.

ORDINANCES AND COVENANTS Most land even when it is being subdivided may have some form of a restriction. There may be deed restrictions which are private agreements created between the owner and the buyer of the property. You may also have ordinances which you must adhere to from the local city or county.

UTILITIES There will be costs to bring utilities to the property including electricity, phone lines, water and sewer (if available). If public water and sewer is not available, you will need permits for drilling a well and for installing a septic system.

ROAD ACCESS This is one aspect that is easy to overlook. The gravel path the property came with may not work as a permanent driveway which could drive up the costs to put in a proper roadway or access road. Verify the road you see can indeed be developed as a permanent path.

EASEMENTS Be aware of every easement on the property and understand what the easements mean for the use and enjoyment of the property.

SURVEYS A survey will show you exactly where the property boundaries are as well as elevation possibilities for building. Never rely on an old survey - it may be outdated.

FLOODING You will need to know this to determine whether or not flood insurance is needed.

PERMITS Unless you plan on camping in a tent on your new piece of land, make sure you secure a permit for all improvements.

Developing land without doing your homework can cause your client to encounter more frustrations than they ever bargained for. It is important that when anyone asks you if their property is develop-able, you are ready with the information they need to make an informed decision. Do your homework. Show them this list. Then, let them know that answers to these questions are critical in determining whether or not the property can be developed or subdivided. Armed with this knowledge, you will both be equipped to take the next steps together.

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Easements, Rights of Way....Who’s on First?

Recently, a title examination revealed that a driveway that had been used by the sellers of property for many, many years was not of record as an easement. Further review of the land records showed no grant of an easement and the property belonged to others. The sellers insisted that they had used the driveway "for 30 years" and that "its ours now...no one can terminate it."

Wrong.

Unless there is an express grant of easement across the property owners between the main road and the seller's property, there is no easement or "right of way." The property owners can cut off access at any time at their discretion. It does not matter how long the way has been used.

The idea that use creates a property right arises from the legal precept of a "prescriptive easement." A prescriptive easement is an easement upon another's real property acquired by continued use without permission of the owner for a legally defined period. State law defines the time period required to acquire a prescriptive easement. Even after the requisite time period, an action is required in the Circuit Court of the county in which the property is located to obtain an Order creating an actual easement.

Be sure there is access to any property you are buying!

THE RATLIFF LAW FIRM | www.ratlifflaw. net in Cedar Bluff, Virginia: (276) 522-1220 in Weston, West Virginia: (304) 406-7410