Farming? You Need to Know About Rural Land Rights

in Farm Land

You may have already read about land rights in the legal terms of real estate page, but the terms below deal specifically with Land Rights and how these apply to owning a farm or living in a rural community.

Please understand that this content is not intended as legal counsel. Laws, by-laws and terms differ in each country, state, province and country. Check with your lawyer, real estate agent or municipal office for more detailed descriptions and assistance.

Farm Land Easements

An easement is a legally binding right of way placed on a block of property.

These right-of-ways may be on your property for other's use, or on another property for your use.

The most common easement is for vehicular access through one property to an adjoining one.

Eminent Domain

Some agencies have the right to expropriate land with compensation to the owner for public use.

Those agencies (generally governmental bodies or councils) use this clause to disrupt your land for local growth under the excuses of school construction, power lines, roadways, etc.

Your local planning department (generally a municipal office or board) will know of any current or upcoming proceedings in the county agenda.

If you're planning on moving into a new municipality, it's always wise to research as much as you can about current governmental legislation, growth initiatives and policies for that region.

Encumbrances

Encumbrances are legally binding rights of the Crown (again government), and at times if written into the deed or mortgage contract, the previous owner; to exploit natural resources of the property.

This is why you want a meticulous lawyer who specializes in real estate to close any sale you make on farm land. Otherwise you could find that the government or past owners of the property have full rights to strip your land of minerals, grown timber, and even your water supply.

Know Your Land Rights

You need to know about any of these specific land rights that are currently stated on that farm's deed that is for sale. And if possible, have them corrected well before the closing date. Give your lawyer ample time to research and prepare, and clear your new deed's title.