Things To Be Aware Of When Purchasing Property:

Buying property is a big decision and investment to make. That’s why you, the buyer, need to be aware of all the different things that can affect your purchase. Whether you are interested in buying land through Arizona Desert Rat Realty or using a ‘buy cheap land’ type website, there are some critical points you need to ask about:

Does it have a clear title? There are many possible issues a title could have that gets passed on to the new buyer if not cleared off and or insured by a Title Insurance Agency. Potential issues include liens or encumbrances on the property.

-A lien is a claim against the property which serves as collateral for a debt. The lien holder has the legal right to go to court to have the property sold to satisfy the debt, if it is not paid. The liens transfer with the property, so if they are not paid when the real estate is sold, then the new owner becomes liable for the debts.

-An encumbrance can include deed restrictions, (aka conditions, covenants, and restrictions, or CC&Rs), and private agreements that restrict the use of the real estate in some way and are listed in the deed. Deed restrictions may be temporary or based on a covenant that runs with the land.

Are there any easements? An easement is the right of someone other than a fee owner to use a particular parcel of land for a particular purpose-most often it is the right to cross the property.

Is there access to the land? Access is the ability to legally reach a property and to physically be able to reach a property (like a path or road), which can be two different things (ex. There is legal access, but no road or path to actually reach the land).

What rights to minerals or water comes with the property (if any)? In much of Arizona you will find that your land will not come with mineral rights and nothing that really can be done about that. You also want to know if collecting water that runs across your own land is allowed.

What is the property zoned? If you wish to use the Cochise County Owner Builder Inspection Opt Out Permit, the property has to be 4 acres or larger and be zoned RU4. There are a few others that will work, but a number that will not work, even if the property is large enough.

Is there a Well/Well Share or a Septic involved? A well and septic should all be registered and transferred, and well shares are supposed to be legal agreements that need to be known.

All of these items will come up in a title inspection and their commitment to title insurance, which is why we always insist on running all purchases through a title company.

In general, beware of anyone wanting to sign the property over using a Quit Claim Deed. Yes it is legal but all it does is change the name on the title, which means all issues associated with that title will now be yours.

We also always use a Title Company to service all of the Owner Carry Loans that we broker as they will issue a Equatable Title to the buyer that will allow them to actually pull a building permit while paying down their property. Beware of Owner Carry offers where they hold the title till you pay it off as you will not be able to do a thing till when and if they sign the title over to the buyers.


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