Buying a country property in Litchfield County is a dream. There is no place more quintessentially New England than Litchfield County. Its village greens, stone walls, farms, and colonial houses are unmatched anywhere in New England. Few other purchases in life can offer the same peace, space, and closer connection to nature all in one package—one that can last for generations.
Attorneys Stedronsky and Meter have over 60 years of experience bringing this dream to homeowners throughout Litchfield County. Here are some important concerns that we assist our clients and friends with when purchasing a country property.
1. Accessibility and Location
- Back lots are common:
We make sure that your access to public and private roads is secure.
- The best side of the mountain:
The last thing you want is for the sun to be setting on your home at 2:00 PM on winter afternoons.
2. Utilities
- Water Supply:
Does the quantity and quality of your well meet your needs as well as state standards?
- Sewage System:
Does your septic system have the capacity for your family’s use?
- Internet:
Does the site reliably have clear access to the internet?
3. Property Maintenance
- Land Management:
Making sure you understand the maintenance costs of your property, including taxes, lawn care, gardening, snow removal, and potential pest control.
- Buildings and Structures:
Negotiating proper remediation or credits for the issues that invariably are disclosed by your property inspection report.
4. Legal and Zoning Issues
- Zoning Regulations:
Verify the zoning laws to ensure that any intended commercial or home occupations are permitted.
- Property Boundaries:
Clearly understand the property boundaries and any easements or rights of way that may affect your use of the land. Obtain and review a survey that tells you exactly what you’re buying.
5. Tax Classifications
- Special assessments:
Determining whether your property is subject to or eligible for special tax classifications, which can substantially reduce your property taxes.
6. Clear Title
- Title Search:
Conduct a thorough title search through a title company to identify any potential issues such as liens, encumbrances, or other claims against the property.
- Encumbrances and Liens:
- Mortgages and Loans:
Check for any outstanding mortgages or loans secured by the property which must be settled before or at closing.
- Tax Liens:
Verify that all property taxes have been paid and there are no tax liens against the property.
- Judgment Liens:
Ensure there are no judgment liens, which can occur if the current owner has unpaid debts or court judgments against them.
- Easements and Rights of Way:
- Easements:
Identify any easements that allow others to use a portion of the property. These can include utility easements, access easements, and conservation easements.
- Rights of Way:
Determine if there are any rights of way that grant others the legal right to cross or use parts of your property, which could affect your use and enjoyment of the land.
- Boundary Issues:
- Surveys:
Obtain a recent survey of the property to verify boundary lines and identify any discrepancies with the legal description in the title documents.
- Encroachments:
Check for any encroachments where neighboring properties or structures intrude onto the property. These can lead to disputes or legal issues.
- Title Insurance:
- Owner's Title Insurance:
Purchase an owner’s title insurance policy to protect against future claims or legal fees related to title issues. This insurance can cover issues not evident from the land records.
7. Municipal Compliance
- Municipal compliance:
Ensure that there are no outstanding zoning or building compliance issues.
It’s common that one or more of these issues need to be addressed. It is rare that any such issue kills a closing, but the importance of requiring the seller to resolve any such issue before the closing at the seller’s expense is self-explanatory.
At Stedronsky & Meter, the attorneys and staff look forward to efficiently and thoroughly completing your purchase of a country property.