When you purchase a home with land, there are red flags that may alert you to potential problems.
These issues don’t necessarily mean you shouldn’t purchase the property, and most of them may be easily resolved, but it is important to be informed about any issues that may affect your ability to enjoy your new property and use it as intended.
Below are 10 potential red flags to watch out for before purchasing your new property.
- Easements Issues
- Water Rights
- Faulty or Inadequate Septic Systems
- Contaminated Well Water
- Boundary Disputes and Surveys
- Usability of the Land
- Restrictions on Building Additional Structures
- Ingress or Egress Issues
- Electrical Power Source on Raw Land
- Nonexistent or Inadequate Internet Access
1. Easements Issues
Easements provide a person or organization with the rights to use a homeowner’s land for certain purposes.
For example, a utility company may have an easement to access a utility pole or buried cable on your property.
It’s important to find out what easements are present on your property, because it may restrict your right to build additional structures.
For example, you don’t have the right to install a pool on your property if it sits even partially in an easement, and you may not be permitted to plant a long line of trees if it blocks your neighbor’s view.
Find out about the property’s easements before you make any decisions so you are aware of any potential problems before they occur. Types of easements include the following:
Easement Appurtenant
These easements are attached to the formal ownership of the land and stay with the property when it is sold.
These easements allow property owners to access their land by passing through a neighbor’s land. This is common in situations where two properties share a driveway. If the property you are considering shares a driveway with another property, you will need to make sure you have the access you need.
Easement in Gross
These easements do not transfer to the new owners when a property is sold.
For example, if the neighbors have given permission for the previous owner to cross their land to access a beach, the buyer would not be legally entitled to do the same. Knowing about these easements ahead of time may eliminate any confusion or disagreements with your neighbors.
Prescriptive Easements
These easements are for when someone has been using the property on a regular basis for a period of time without being restricted by the owner. This is also known as “squatter’s rights.”
In California, if a squatter lives on a property and pays the property taxes for five years, that squatter may have legal rights to the property. It’s important to find out who is living on the property and what their arrangements are, whether it’s the seller, renters, or others. This may protect you from purchasing a property that someone else may have the legal right to inhabit.
2. Issues Concerning Water Rights
It’s crucial to secure water rights for your new property to make sure you have sufficient water resources to support what you plan to do on it.
Riparian water rights provide legal access to bodies of water that are adjacent to a homeowner’s property, such as rivers, creeks, and streams. These rights are appurtenant, which means that the rights run with the land and are transferred to the new owner when a property is sold. Homeowners have reasonable use of this water, which means that their consumption must not interfere with other landowners downstream.
Appropriative water rights are used when someone appropriates water from areas where it exists naturally to land that does not naturally have water. The two types of water rights you need to consider include the following:
Domestic
Domestic water rights refer to the water you use inside your home and to water the lawn or a garden. These rights do not include water used for irrigation for agricultural purposes.
Irrigation
If you need water for agricultural purposes, you will have to acquire water rights for irrigation. These rights are much cheaper, and they are separate from water from your well.
California residents may find out more information about water rights from the State Water Board’s Division of Water Rights.