Before you embarking on your land ownership journey, it’s important to understand your property in detail and what the road ahead will look like. Unlike purchasing a house with established utilities and infrastructure, vacant has some additional considerations that should be investigated up front. At Open Skies Land, we conduct thorough due diligence on every parcel we offer, providing you with a clear picture of the property. While we do our best to provide detailed information, we also empower and highly recommend you perform your own “due diligence” to ensure you are starting your journey with eyes wide open.
Understanding Road Access
Ensuring clear and legal access to your property is fundamental. It impacts not only the usability of your land but also its future value. Not all roads are public, and not all private roads have clear legal access for every parcel.
There are various types of access:
- Public Road Frontage: Your property directly borders a county-maintained or state-maintained road. This is generally the most straightforward access.
- Recorded Easement: A legal right to cross someone else’s property to reach yours. This easement should be recorded with the county and clearly delineate the path and terms of use.
- Private Road: A road not maintained by the county, often shared by multiple property owners. It’s important to understand maintenance agreements and legal access rights for such roads.
- Unrecorded/Informal Access: Access that is not legally documented. This can be risky and lead to disputes in the future.
It’s also crucial to consider seasonal access. For properties in higher elevations, like those in the Sangre de Cristo Ranches which can reach close to 10,000 ft, winter access can be limited at times due to heavy snowfall. Counties may not snowplow remote, unmaintained roads as frequently as the roads that are traveled more at lower elevations. Always inquire about road conditions, especially if you plan to use the property year-round.
What to do:
- Confirm the type of access your property has. Is it directly on a public road, or do you rely on an easement or private road?
- If access is via an easement or private road, ensure it is legally recorded with the county. An unrecorded easement could lead to future access issues.
- Investigate who is responsible for maintaining private roads or easements, and if there are any associated costs or agreements.
Verifying Legal Ownership & Chain of Title
When considering a land purchase, it’s important to understand the seller’s relationship to the property. Ideally, the person or company selling the land will have their name on the official deed recorded with the county.
However, the property may be sold by an agent or realtor, or you might encounter a common practice in the vacant land market known as “Land Arbitrage” (Land Arb). This is when a seller is making monthly payments to a separate owner, but is allowed to turn around and sell that contracted property to a new buyer. This can be an efficient way to transfer properties and is not inherently problematic, but it does introduce additional considerations.
What to do:
- Ask the seller if they currently own the property. For further verification, you can check the public records on the county website. Other options include asking the seller to see a copy of the deed or contacting the county clerk or recorder’s office to confirm the current legal owner of the property.
- If the seller doesn’t own the property and is in a “Land Arbitrage” agreement, you can ask to see their contract with the actual owner or even ask to speak to the legal owner directly for confirmation.
- Ask about title insurance. This is a type of insurance that protects you (and your lender, if you have one) from problems with the property’s title, like unknown liens or ownership claims. While it’s common for homes, it’s less common for vacant land, but sometimes does come with a property.
Treasurer’s Deeds & Tax Sale History
A “Treasurer’s Deed” (sometimes called a “tax deed”) means the property was sold because the previous owner didn’t pay their property taxes. This is a fairly common occurrence, particularly in areas like Costilla County. In Costilla County, it is theoretically possible for the previous owner to try to reclaim the property in very rare sets of circumstances, but this has never occurred in the experience of almost anyone you talk to in the county offices or title companies.
While the idea of a former owner attempting to reclaim a property after a tax sale is extremely rare, understanding the history of a Treasurer’s Deed provides a fuller picture of the property’s past.
What to do:
- If a property has a Treasurer’s Deed in its recent history, simply be aware that this is how the previous ownership transferred.
- Focus on verifying the current seller’s legal ownership as described above, ensuring a clear path for your purchase.
- Ask the seller how you would be protected if the ownership of the property is challenged by the previous owner. At Open Skies Land, we are happy to guarantee in our contract that we will find you an alternate property to credit your already made payments towards or possibly even a full refund should that ever happen.
Confirming Parcel Location & Boundaries
You might look at online maps like Google Earth or county GIS (Geographic Information System) maps. These maps are great for getting a general idea, but they’re not always perfectly accurate for legal boundaries. They can sometimes be a bit off, outdated, or just general estimates. In very rare occasions the system can miss a parcel altogether.
What to do:
- Ask if there is an official “plat map” from the county. This is a detailed map that shows the legal boundaries of your property within its subdivision.
- Double-check the parcel number (APN), lot and block numbers, and the name of the subdivision. Make sure they all match up with the land you’re looking at.
- Use the official plat map to confirm where roads are and the exact shape of your parcel.
- For exact boundaries after a purchase, there are usually people local to the area that can go and locate the property markers and install more visible posts or flags so that you know exactly where your property starts and stops.
Understanding Environmental Considerations: Wetlands & Flood Zones
When evaluating land, it’s important to understand potential environmental factors like wetlands and flood zones, which can impact usability and development. While you may think that some of these areas are dry and don’t have much surface water, even seasonal drainage creeks or arroyos can be formally labeled as wetlands.
“Wetlands” are areas where water is present at or near the surface for a significant portion of the year. While some environmental maps, like the U.S. Fish & Wildlife Service National Wetlands Inventory (NWI), show mapped wetlands, the implications may be minimal. For many rural vacant parcels, especially smaller areas, there can be allowances or exemptions for use. If wetlands are a significant concern for your plans, a professional wetland scientist may be needed to officially “delineate” them.
“Flood zones” are areas identified by the Federal Emergency Management Agency (FEMA) as having a higher risk of flooding. These maps indicate risk levels, such as the 100-year floodplain (Zone A or AE) with a 1% annual chance of flooding, or Zone X (or C) with a low risk. Building in higher-risk zones may require flood insurance and special permits, and floodways typically have very strict building restrictions.
What to do:
- Visit the FEMA Flood Map Service Center online to check the flood zone for your specific property and understand local county rules.
- Be aware that while mapped wetlands indicate potential, they typically don’t have much impact on your plans. Consider professional delineation if your plans require precise wetland boundaries.
Practical Final Checks Before Buying
Before you sign on the dotted line, here’s a quick list of essential checks:
- Confirm taxes are current: Make sure all property taxes are paid up to date.
- Verify HOA or POA existence (if applicable): Check if the property is part of a Homeowners Association (HOA) or Property Owners Association (POA). If it is, understand their rules and any fees.
- Understand zoning and allowable uses: Contact the county planning and zoning department to find out what you can and can’t do on the land (e.g., can you build a house, camp, have a business?). We often provide general info, but the county is the final authority.
- Review the due diligence Open Skies Land has completed: We are transparent about what we know and what we haven’t researched, providing you a solid foundation from which you can start your own due diligence process.
Gaining Confidence in Your Purchase
Thorough due diligence builds confidence, ensuring your chosen land aligns with your expectations and needs. Every parcel is unique, with distinct features from slopes to access types or wetlands, and these all contribute to what makes your land truly special.
Researching, asking questions, and verifying information equips you to understand each parcel’s specifics. This proactive approach leads to informed decisions, making you confident and excited about your land choice.
At Open Skies Land, we help you find the perfect parcel. We conduct and transparently present our due diligence, empowering your educated decisions. By performing your own due diligence, you’re not just buying land; you’re confidently investing in your future.