A Real Estate Question --- Agricultural Easement ?

[tc35dforme]

Hey guys...

I'm in the process of attempting to purchase about 7-10 acres of land adjacent to my lot. I'm trying to get a buffer between my house and any future development. A portion of the land is currently used for agriculture ( vegetables ). I want to offer the current owner a purchase offer that allows for him to continue to actively farm the parcel. My questions....

Is a agricultural use easement something that's done ??

Am I open to liability is he flips a tractor while plowing ???

Any thoughts, comments, or experience stories appreciated.

 

[JimR]

We rent our 4 acre field to my GOOD neighbor the farmer for $300.00 a year. He grows crops on it, takes care of the upkeep and brush along the sides. There is nothing in writing and all verbal. This is the kind of neighbor everyone should have.

 

[midlf]

I would spell out what I want, in writing, in plain english. Then take it to my lawyer for review. There are things I would never think of that need to be included. I also could not, in good consience, give you an answer if I had one without a disclamer because each state is somewhat different. Especially a state as old as Maine. TBN'rs can give you general advice but you will need to confirm or modify for your locality.

 

[SnowRidge]

What someone said: See an attorney. That said, I don't think an easement is appropriate. They are generally transferable and you might find that someone you don't want is now "farming" that property.

It might be best to offer him some sort of purchase offer with the nontransferable right to lease it back for a nominal sum ($1.00/year, maybe) strictly for agricultural purposes.

You could also consider trying to puchase an option on the property. Again, talk to an attorney or a knowledgeable real estate professional.

But see the lawyer first, so that you know where you stand before you start negotiating.

 

[Bird]

</font><font color="blue" class="small">( There is nothing in writing and all verbal )</font>

Now all the experts will tell you that you shouldn't do that, and I don't disagree, but I had the same kind of deal with a neighbor to run his cattle in my pasture. I guess he and I were just too old to worry about it. /forums/images/graemlins/wink.gif /forums/images/graemlins/tongue.gif

 

[JimR]

</font><font color="blue" class="small">( </font><font color="blueclass=small">( There is nothing in writing and all verbal )</font>

Now all the experts will tell you that you shouldn't do that, and I don't disagree, but I had the same kind of deal with a neighbor to run his cattle in my pasture. I guess he and I were just too old to worry about it. /forums/images/graemlins/wink.gif /forums/images/graemlins/tongue.gif )</font>

You know Bird, there are good people and there are bad people. I've known this guy since I was 18 and dating my wife. I'm 52 now. He had a verbal agreement with my FIL many years ago. Whey the In Laws passed away, we kept that agreement with the farmer. He helps us and gives us free veggies. I plow his drive and help him out when he needs a hand. He's also a Millionaire now. He hasn't changed a bit and is a real Yankee just like me. He knows how to treat people and is always going out of his way if I need anything. That includes use of his big truck, big tractor or anything else he has. I don't need a lawyer nor a piece of paper for this. When he dies, I'll keep the same deal with the son if he keeps farming. These are true friends.

 

[beenthere]

JimR

NOW we know the "rest" of the story. /forums/images/graemlins/grin.gif

 

[JimR]

</font><font color="blue" class="small">( JimR

NOW we know the "rest" of the story. /forums/images/graemlins/grin.gif )</font>

Too bad my new neighbors couldn't be like him. /forums/images/graemlins/frown.gif /forums/images/graemlins/frown.gif /forums/images/graemlins/frown.gif

 

[riptides]

My first thought turns to zoning.
</font><font color="blue" class="small">( used for agriculture )</font>

What is your lot classified as? And do you plan on an incorporation/merge of the lots? Do you plan on keeping them separate? Tax purposes come into play, especially when they are zoned differently.

It sounds like it is used for ag, if you purchase it, you may lose that right because of an acreage restriction or land use clause that your county/state may have.

-Mike Z. /forums/images/graemlins/grin.gif

 

[Bird]

Jim, you had the advantage of prior knowledge. I made the agreement with my neighbor the first time I met him. But of course after that, he and I, and our wives, became fast friends and spent a lot of time together.