Since zoning is not covered in an abstract of title or title insurance policy, you will have to do some research on your own to ensure that the land you want to acquire is in an area that allows for the activities you want and prohibits those you want to avoid.

All zoning regulations for a particular area are kept by the county board of supervisors, the zoning commission, the planning commission, or the building inspector. In Nevada, its the zoning commission. Ask to see the master plan of the entire area so you can determine the direction of future development. To determine the zoning for a specific parcel of land, you should have its legal description, which you can get from the seller or real estate agent. You might then have to see the tax assessor and the the tax or parcel number for the land. In Nevada, it’s the Assessors Parcel Number or APN.

Zoning restrictions to be aware of:

Seasonal Dwelling Restriction: Some secluded area are zoned for second-home summer use only.

Number of Homes Permitted: Most rural areas restrict the number of homes that can be built in an area. For example, only one dwelling will be permitted for every 20 acres of land, or one dwelling per parcel, regardless of size.

Minimum Size of a Parcel for a Dwelling: No home can be built on a parcel of less than a specified minimum area.

Prohibition of Further Subdividing: Your parcel might already be a size that prohibits further dividing. If you plan to split off and sell a parcel to raise money to pay for your remaining parcel, be sure the zoning will allow for this.

Floodplain Zoning: An area with a history of flooding might be zoned as a floodplain on which all home construction is prohibited.

Trailers & Mobile Homes: Zoning laws often prohibit the use of mobile homes, trailers, buses, and vans for dwellings.

As always, do your zoning research for rural land before pulling the trigger.

Since Zoning is not covered in an abstract of title or title insurance policy, you will have to do some research on your own to ensure that the land you want to acquire is in an area that allows for the activities you want and prohibits those you want to avoid

Never Buy Land Without a Survey

Never purchase a piece of land without being sure where its surveyed boundaries are located. Most land ownership problems have arisen from boundary disputes. The three most common areas of litigation for rural property owners involve water rights, easements, and boundary lines.

Laws typically require only that a deed contain a legal description of the land that defines the parcel in such a way that it cannot be confused with any other piece of land. However, this description does not tell you where the the boundaries are located on the ground. The only way to know, is by a survey.

Surveys are expensive, and therefore many rural parcels are sold without them, even though they are critical to the Buyer. Our Nevada property has been staked and surveyed prior to sale for the safety, and security of the buyer. Plus, by spending the extra money, I’m insuring myself against potential litigation arising from boundary disputes.

Click here to learn more about the Principal Meridians of the U.S. Rectangular Survey System.

From Quit Claim deeds, to Warranty deeds to Special Warranty Deeds, the skilled land buyer understands the subtle and not so subtle differences of each.First of all, let’s look at the worst deed — the Quit Claim deed. A Quit-Claim Deed is a general release of all claims or rights to a parcel of land. Of the different types of deeds, the Quit-Claim has the least assurance that the person receiving it will actually get any rights. A Quit-Claim deed does not release the party quitting claim to real property from their obligations under any mortgage or other lien secured against said property. Basically, if the seller insists on using a Quit-Claim deed, either run away or do your due diligence to the point you are absolutely certain there are no liens or encumbrances on the title of the land.

A better deed, but not ideal is the Special Warranty deed. A Special Warranty Deed warrants only that no party made a claim to the property during the seller’s ownership. Under a Special Warranty Deed, the seller is not liable for any defects in the title attributable to his predecessors. So, if the Seller offers you a Special Warranty Deed, you had better make sure a title company does a thorough title search to make absolutely certain there are no liens or encumbrances from before the current Seller owned the property.

My favorite and safest deed– The Warranty Deed. In a general Warranty Deed, the grantor warrants the title against all defects, regardless of whether those defects existed before the grantor took title, or arose while the grantor held title. Basically, a general Warranty Deed screams to the Buyer, “Hey look, we guarantee this title is free and clear!” However, you’ll always sleep better with a title search and title insurance in your name. We will talk about dealing with title companies in another post.