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Articles: Real
Estate - Purchasing Land
By Mercedes
Hayes
It doesn't take long to realize that
finding the right piece of property is the most important aspect of
new home construction. In a development, restrictions and easements
have already been sorted out, but if you are looking for a
stand-alone piece of vacant land, you're on your own. Here are some
of the factors you need to consider before spending your hard-earned
cash on a pretty view that might be unbuildable.
THE PERC. No, we're not talking about
coffee. But we are talking about percolate. If you are outside of a
community, chances are that you will not be connected to city water
and sewer; you will have to build a septic system for your own
house. The septic system will be designed by a local civil engineer
and probably approved by the county, but before the engineer knows
what kind of septic you need he'll have to take a Perc Test. They
will dig a big hole in the ground, fill it with water, then clock
how long it takes for the water to seep into the ground. If the
water drains too fast, you have too much sand. If it drains too
slow, you have too much clay (or probably rock). There is an
acceptable tolerance, outside of which the perc fails. If one perc
fails, they dig another hole elsewhere to see if there's any
improvement. Sounds simple enough, but in New Jersey you'll spend
about $1000 per hole. If the land doesn't perc, you may be able to
find an alternative septic system, but you can be sure it will be
very problematic.
Any wise buyer will make the purchase
of the land contingent on the perc. Don't assume that just because
you have a big piece of land that it will perc somewhere; this is
not necessarily the case. The cost of the test is usually paid by
the buyer. However, a motivated seller will perc the land for you,
or even offer an approved septic system. This is a big bonus, and
adds peace of mind, but the land will be more expensive as a result.
In the long run, it's worth the extra dollars to bypass this big
hurdle. The septic system will be designed to accommodate the number
of bedrooms in a house, and you cannot add any bedrooms without
redesigning the system.
Once the land is perced, that hole is
the spot where the septic will be installed. If it's in the front
yard, you cannot change the location without doing another perc.
Also remember that nothing can be built on top of your septic field,
nor can you plant any trees there.
SETBACKS: This is the space between the
property line and the building, defined by the township. Nothing can
be constructed in the setback, including your driveway. Some
townships require more than 100 feet of setback from the road;
setbacks on the front and back perimeters are usually larger than
those on the sides of your property. On your survey, a dotted line
usually defines the setback, and the space inside is called the
building envelope. If the footprint of your intended house and
driveway is wider than the setbacks allow, you may have to apply for
a variance, or change the orientation of the building.
EASEMENTS: Easements are the rights
given to other named parties for public or private use of a stretch
of your land. This may include a gas main that runs through your
property, power lines, railroad tracks, water mains, or a strip
leading to a land-locked neighbor (this strip would be the
"flagpole" of a flag lot). This easement should be clearly
delineated in the deed, although common usage has been known to
claim precedence over perceived rights. If you're the one who
requires this easement for a flag lot, make sure it is in writing
before you purchase this land, or you might not be able to access
it.
WETLANDS: I used to think that wetlands
looked like standing water with cattails and ducks. Not necessarily
so... in fact, we almost bought three wooded acres of wetlands
before a friend gave us a timely warning. In the state of New
Jersey, wetlands can be a touchy issue, and the determination is
made based on vegetation and soil content. If there's a little
stream running through the woods, you might be in trouble. Just to
be sure, we hired an engineer who dug a row of soil samples, each
marked with a little flag denoting the edge of the wetlands. When he
had finished, there was enough land for Ken and Barbie to build a
dream house - in the setback, at that. This little disappointment
cost us $600, which is a lot better than the $110,000 we would have
spent for a disastrous ruin of our plans. There are times when you
might be able to get a variance to build in wetlands, but this can
be a costly and time consuming process, with no guarantee of
success. You could take your chances and build anyway, but if the
township gets tipped off, they could stop your project at any point,
or even force to to tear down what you have already constructed.
DEED RESTRICTIONS: These restrictions
can be imposed by the former owner of the property, or the township
depending on application. For instance, you might be limited as to
what kind of house you can build; or what materials you can use. You
might not be allowed to build a log home. Some restrictions limit
the square footage of the house, or the use of the property. You may
have to limit the height of your house, or even what type of fencing
you can use. There might be a limit to the kind of livestock you can
manage, or how many acres per horse. This has nothing to do with
zoning, which is a separate issue.
MINIMUM ACREAGE: Townships have started
battling urban scrawl by imposing minimum acreage on a building lot.
Sometimes, the piece of land you are trying to buy is smaller than
the minimum acreage. If the lot was subdivided before the law was
passed, it is usually considered "grandfathered" and you should be
able to build on it. Check with the authorities to be sure; you may
have to obtain a variance to build on a "substandard" sized lot.
Also, if you are purchasing a big piece of land with the assumption
that you can subdivide later and sell off parcels, make sure these
subdivisions will be allowed. Sometimes, even large parcels can only
be divided once or twice by law, depending on deed restrictions,
prec restrictions, township restrictions, or possibly land
preservation issues.
CLEAR TITLE: If there is a lien on a
property due to non-payment of bills or taxes, the title will be
considered clouded and you might not be able to obtain clear title
to your piece of land. There may be disputes about boundary lines,
or adverse possession if you have an unwelcome long-term squatter.
In most cases, a thorough title search will uncover any
irregularities, and the mortgage company will require that you
purchase a one-time title insurance policy against any future
issues. This needs to be done before settlement.
WATER SOURCE: If you need to dig a
well, consult with the local well driller. There's a pretty good
chance that the driller will have a good idea about how deep he'll
need to go. You will pay by the foot to drill a well, and it could
add thousands to your budget.
When it comes to purchasing land, the
old saying "Let the buyer beware" certainly comes to mind. If you do
not thoroughly investigate your property with the township, civil
engineers, or land use lawyers, no one else is going to protect you.
A cooperative township office will give you access to the public
records relating to your piece of land; if it's been perced in the
past, those records become public. They may already have a file
about your lot and block number, and a trip to the township office
may enlighten you if there have been problems in the past. At the
very least, you should have an idea what you can and cannot do with
your land, before you make that big commitment.
Mercedes Hayes is a Hiawatha Log Home
dealer and also a Realtor in New Jersey and Pennsylvania. She
designed her own log home which was featured in the 2004 Floor Plan
Guide of Log Home Living magazine. You can learn more about log
homes by visiting http://www.JerseyLogHomes.com.
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