Ease Up: Legal Rights to Your Land to Consider before Purchase

If you’re buying land, there are a lot of considerations; not the least of which could be any of the following: What’s the side of your property that gets the most sun? Will there be water? What’s the soil pH? And you’d be right asking yourself those questions. Today we’re going to talk about some things that are just as important. And no, none of this is legal advice. We are no substitute for talking to a lawyer.

Water, Water Everywhere…

These days water is a hot topic for homesteaders…particularly those in the West. States are starting to get up against it in summer months with capacity for how much water they can serve to the public let alone how much surface water must be maintained to keep rivers, creeks, and streams thriving. That doesn’t even begin to address wildfires.

But the things you’re likely going to need water for are either a well or a pond. 2 things to know: No one owes you a well! Just because you own land does not mean the city, state, or county will give you access to a well. In fact, most states claim right to water the SECOND it hits the ground. That doesn’t mean that rain barrels, gutters and a sistern can’t help you PERSONALLY farm water from the sky but it does mean that pond or creek you’re planning to water your animals with may not be able to be used for your intended purposes! What does this mean to you as you consider a purchase during your feasibility window?

Call Governing Officials

Find out if you’re in city or county limits (mileage may vary) and ask them about the specific parcel you’re interested in while doing you’re feasibility assessment. This can help you figure out if you will even have the privilege of drilling a well or if you’re going on city water and sewer. If you take one thing from this post this should be it. SERIOUSLY! TALK WITH YOUR LOCAL OFFICIALS AND BE OPEN ABOUT YOUR PLANS! THEY WILL NOT PERMIT CERTAIN THINGS AND THIS CAN KEEP YOU FROM BUYING A TOTAL BOONDOGGLE!

The other thing I’d tell you to look at when you buy is your title. Please read your title. PLEASE. DO. IT! It’s a contract! Never sign your name to anything you don’t 100% stand behind!

Ease On Down the Road

A lot of undeveloped land is not adjacent to a municipally owned road. That means you’re likely to need or maybe have an easement running through your or someone else’s property.

If you have an easement running through someone else’s land to yours speak to a real estate attorney about it. What can you enforce? What can’t you enforce? Does it have utilities included through the easement? Is it just ingress and egress? Is drainage included? How wide is it? All of these things matter.

This Land Was Made for You AND Me

If you have an easement running through your land what does that mean for you? Well, it basically means you can do FUCK all to where that easement sits. You can’t improve anything within the easement and that can include areas next to the road depending on the jurisdiction. Honestly, the smart move is plan like the easement width is an area you can never touch because you should expect someone who paid for that privilege to defend their right to use like a dog with a bone.

Access matters folks and these are just two access items for you to think about as you plan your homesteading land purchase. Good luck and good night.


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