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CHECKLIST:
What You Should Know
. . . Before Making Your Decision!
In the last issue of LAND RUSH, we covered topic
4 of 11 suggested questions you should ask before making your land
purchase decision. In this issue, we'll cover the fifth one - about
restrictions and zoning - in depth.
5. Are there any restrictive
covenants or zoning on the property?
Most land in the northern mountains is not zoned. Zoning occurs
mostly within the city limits of the various towns, but virtually
never applies to large tracts. Restrictive covenants are also rare
to non-existent on mountain land. They are more common in subdivisions.
Zoning, of course, is a governmental restriction on land use. Local
government, when seeking to plan for organized growth, may impose
zoning for residential, commercial, industrial etc. use of land
in different areas. Even when land is zoned for one purpose, i.e.
residential, a property owner may seek a “variance” from
the zoning authority allowing a different use. Although not easy
to obtain, some flexibility does exist in land use. Zoning violations
are enforced by the county in which the land is located.
Restrictive covenants are a different story. They are restrictions
placed on a parcel of land by the property owner, and recorded at
the Register of Deeds office in the county in which the land is
located. Typically found for subdivisions, the restrictions may
require a minimum square footage in each home built, limit architectural
styles, or prohibit certain activities on the property such as in-home
businesses, livestock, or junk cars. Many sets of restrictions also
say things like “no junk cars, no livestock may be kept or
bred for commercial purposes, no outdoor toilets, etc.”
Enforcement of restrictive covenants is somewhat different than
zoning. Zoning is enforced by the government, at no expense to complaining
landowners. Restrictive covenants are enforced by those who own
property regulated by those restrictions. For example, say there
are 20 parcels of land covered by the restrictions. Landowner “A”
has accumulated several unlicensed junk cars on his property in
violation of the restrictions. Landowner “X” requests
that they be removed – but to no avail. It is up to Landowner
“X” to file a lawsuit against Landowner “A”,
resulting in a court judgment requiring the removal of the junk
cars. Landowner “X” may or may not recoup his attorney
fees and court costs.
As stated, most large land tracts are neither zoned nor protected
by restrictions. The down side to that is that adjoining landowners
are free to make use of their property in any way they see fit –
so long as it is legal. The up side is that you can do the same.
Regardless of whether you agree or disagree with land use regulations,
the reality is that most land in the mountains is unrestricted.
When making a purchase, be informed, ask questions, and be diligent
before signing a contract to purchase.
PAST TOPICS INCLUDE:
(click on a topic to read about it)
INTRODUCTION
1.
Has the property been surveyed recently?
2.
What is the topography of the property?
3.
Is the property accessed by public road or right-of-way?
4.
How much are the property taxes each year?
UPCOMING TOPICS WILL INCLUDE:
6. Will sellers finance the
property or do they expect cash?
7. How much earnest money is
required with a purchase offer?
8. What, if any, utilities are
provided?
9. How much are the closing
costs to complete the transaction?
10. Are there any hunting leases
in effect on the property?
11. Are there easements or rights-of-way
for the benefit of others?
RETURN
TO CURRENT ISSUE OF LAND RUSH
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