Any suggestions???

[Lady Hunter]

There's a piece of property that's for sale that we're interested in. VERY interested in. However, we can't seem to find out exactly what the boundaries are.... The owner told us one thing, the real estate agent told us something completely different, the plat on file at the courthouse doesn't match either one & the deed hasn't been updated since 1973 (before several small tracts were sold off).


Any suggestions for how to go about finding out where exactly the boundaries are? The biggest area in question involves road frontage & whether or not there's enough to meet county requirements for selling off a homesite to one of our kids somewhere down the road...

 

[Art]

If you're that serious, I'd ask them to provide a survey and hope they are wanting to sell it bad enough to have one done. Sounds like they are going to need to at some point anyhow.

 

[mrdux]

A survey followed by a title search, whether you are paying cash or financing.

Friend of mine bought a small farm that had been divided up among family members years before. He paid cash for it then started his dream home. He got about 1/2 way done with the house before he went to the bank for financing the rest. When the title search was done, as required by the bank, there was a relative to the past owner who lived out of state who would not sign off on the title and cost my buddy a chunk of $$ as well as holding up his finishing the house for nearly a year.

 

[trust me]

Don't do anything without a survey. Courthouse plats are a joke and the owner may or may not have a clear understanding.

 

[just me]

You could always do the leg work yourself. Talk to adjoining landowners about their lines and pull all deeds to properties surrounding it. Should give you a good feel about what's what. Eventually need to hire a surveyor though. It can get really messy if an adjoining landowner doesn't agree. A close friend of mine is a surveyor and spends a lot of his time in court with/for his clients.

 

[hunter235205]

If you are serious about the land have them do a survey. We just bought 75 acres and had it surveyed cost was just over $3000. Hopefully the sellers will cover the cost if not I would still pay it out of pocket just for piece of mind and most banks will not put up money for land that is not surveyed.

 

[Manhattan]

A survey flagged and tagged to the foot and if the owner doesn't want to do that, tell them to shove it.

 

[mossyhorns]

You definitely need a survey and always get a title opinion. Never depend on what the landowner or the neighbors say. You can try to talk the seller into getting a survey. Additionally, you can draw up a sales agreement that specifies that the road frontage has to be so many feet and the acreage has to be within so many acres of what the owner thinks it is or you're not obligated to purchase the property. You'll need a good surveyor and a good attorney. I've been in real estate for nearly 30 years and you never assume or take anything for granted.

 

[Lady Hunter]

You definitely need a survey and always get a title opinion. Never depend on what the landowner or the neighbors say. You can try to talk the seller into getting a survey. Additionally, you can draw up a sales agreement that specifies that the road frontage has to be so many feet and the acreage has to be within so many acres of what the owner thinks it is or you're not obligated to purchase the property. You'll need a good surveyor and a good attorney. I've been in real estate for nearly 30 years and you never assume or take anything for granted.

Yeah, we've pretty much decided to pass on it due to all the complications (differing stories, owner unwilling to have it surveyed, multiple tracts sold off & no one seems to know where the boundaries are, an unliveable house that would have to be bulldozed, no cell service on most of the property, a pathetic excuse for a real estate agent, and last but certainly not least one extremely undesirable relative of the owner who would probably try to come back in on us & cause problems). It would have been SWEET, great location, within walking distance of our house, and a great place to build our retirement home but.... the price is actually somewhat high & combined with all the other issues, it's just not worth the hassle....

 

[davers]

You could always do the leg work yourself. Talk to adjoining landowners about their lines and pull all deeds to properties surrounding it. Should give you a good feel about what's what. Eventually need to hire a surveyor though. It can get really messy if an adjoining landowner doesn't agree. A close friend of mine is a surveyor and spends a lot of his time in court with/for his clients.

Good suggestion...^^^^ If a Surveyor is hired, be prepared to pay a large Fee for their service. I've found that Kentucky has some strange laws regarding property lines in the rural areas. Example the seller (Grantor) doesn't have to survey their land before placing it on the market. That burden is placed on the buyer (Grantee) and this law should be changed to where the seller should be required to have his boundary completely surveyed and pins placed showing where his property begins and ends before placing it on the market.

 

[Lady Hunter]

Good suggestion...^^^^ If a Surveyor is hired, be prepared to pay a large Fee for their service. I've found that Kentucky has some strange laws regarding property lines in the rural areas. Example the seller (Grantor) doesn't have to survey their land before placing it on the market. That burden is placed on the buyer (Grantee) and this law should be changed to where the seller should be required to have his boundary completely surveyed and pins placed showing where his property begins and ends before placing it on the market.

Just as a word of warning... if you (or your lender) pay to have a survey done, be sure it actually is. When we bought our current home (on what was supposed to be 6.2 acres), we insisted on a survey and paid as part of our closing costs to have one done thru a company hired by the lender (since they also required a survey to be done). Flash forward several years when the rear neighbor started fencing across part of "our" back field. After much aggravation & hemming & hawing on all parts, we were told that "those surveys are just a formality", that they never even set foot on the ground & just drive by and say "yeah, there's property there...." Several thousand dollars more later, we ended up losing over an acre of what we'd been assured was "ours" AND discovered that if you play "connect the dots" with the calls on our deed, they never connect. There's an approximately 50 foot gap somewhere.... And you'd think that title insurance would be of assistance but nope.... that's not their problem, they only cover liens against the property. Talk about a mess!!!

 

[mwezell]

Get a survey, compare it with adjoining properties and hire your own realtor...particularly if there is ANY doubt at about property lines. Let them know your concerns and it becomes in their best interest to verify everything is as it should be, as well as them be at least partially liable. Make sure everything is in order and in writing. These kinds of deals are only one area where realtors are worth the extra money. Remember..the listing agent is working for the seller, not the buyer. Most are ethical but there is less recourse for you, if you don't have your own realtor.A friend of mine just went through a mess like this when selling his house. He was too tight to hire a realtor. From the time he moved in until and after the sale, it cost him thousands of dollars. He didn't think he needed one since the seller was using one. I tried to tell him when he bought it, but he didn't listen.

Nothing wrong with buying property like described, as long as you CYA. Realtors are required to carry insurance that covers them in these situations. The insurance companies don't like to pay frivolous claims and usually have their own lawyers or use the best real estate lawyers in the business, that do nothing but real estate.