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hunting tree stand

How to Buy Hunting Land

When you buy hunting land, you get to enjoy your private property without following another property owner’s rules. That opportunity has obvious appeal to anyone looking for recreational land. Knowing how to buy hunting land, however, isn’t the same knowing how to purchase a home. Before you commit to purchasing property, make sure you know how to buy hunting land that meets your needs.

Set a Realistic Budget Before You Buy Hunting Land

First, you need to know realistically how much money you can afford to spend on recreational land for hunting.

Most people don’t have enough cash on hand to purchase the amount of acres they would like, so they rely on lenders. Borrowing money makes it easier to buy property, but it also adds to the overall cost. Even though you spread out the payments over several years, you still pay interest on the money you borrow.

Another option is to buy hunting land with a group of investors through a land-owning partnership and share the property. This avenue can have many benefits even outside of the dollar savings.

Whether buying the land solo or as part of a group partnership, it’s always best to set a realistic budget before you even start looking at land. Then, you can make sure you are spending your time exploring the right options.

Do You Want to Earn Money From Your Recreational Land?

The good news is that you can potentially offset some costs when you buy hunting land. For example, you can charge a fee for other people to hunt on your property. Depending on the area, you may also generate income by:

Data also shows that the COVID-19 pandemic has encouraged some people to buy recreational land where they can find refuge away from crowded cities. As land values increase, you could profit from selling parcels of your land or renting to people looking for weekend getaways.

pheasant hunter

Know What Features Your Recreational Land Needs

When you visit properties, look for the types of features that attract wildlife. This may sound obvious, but you want to make sure you buy hunting land that already attracts the type(s) of game you enjoy hunting. Seek game signs such as deer trails, scrapes, rubs, and beds to see if the property shows sign wildlife use you want on the land. If you want to hunt deer, for example, look for a property that has enough thick wooded areas. Alternatively, purchase a property with access to a pond, lake, or stream if you enjoy fishing.

You should also consider the value of features that will make the land more comfortable and fun. You might prefer owning recreational land that already has certain features, like:

  • Housing where you can spend the night.
  • Tree stands that are well kept.
  • A barn or shed where you can store equipment.
  • Docks that let you fish in deeper water.
  • Trails that make it easier for you to explore your land’s beauty.

Features You Can Add After You Buy Hunting Land

Don’t write off a property that comes very close to meeting your needs. You can always add features to your recreational land after you buy it. Keep in mind that you can add some features more easily than others.

One great way to make your hunting land more attractive to game is by planting mast bearing or fruit trees, and/or adding food plots. Make sure you choose food sources that your preferred game love to eat. As long as you have the right soil, planting can require minimal effort. You can also add water troughs or ponds.

hunting buck

It’s also very easy to improve your recreational land’s value by adding trail cameras. You can use the cameras to show hunters, vacationers, or potential future buyers pictures of the land and wildlife on it. Photos also make great souvenirs that will encourage more people to visit your property. Photos taken with trail cameras are one of the best ways to increase the chances of selling your property for the price you want when the time comes.

“Trail camera photos and harvest photos are one of the top items that buyers of hunting land look and ask for when considering which property to buy. Our website analytics show properties with trail camera and harvest photos have a much longer view time and total number of views versus the ones that do not.  Purchasing a trail camera and a thumb drive to keep a history of the wildlife on your property is the single most cost effective thing you can do to improve the value of your property,” says Accredited Land Consultant Bob Stalberger, a land specialist in Minnesota with Whitetail Properties Real Estate.

Also, remember that adding features will increase the overall cost of your land. Include the cost in your budget and be careful not to spend more money than you intended. It’s considerably more costly to add large bodies of water, buildings, electrical lines, and wells to the property.

Focus on Convenient Locations

How far is it for you to drive to reach your recreational land? Are you willing to drive three hours? How about eight?

Buy hunting land in an area that you find convenient. Of course, convenient means something different to everyone so its important to determine how far is too far early on in the process so you don’t waste time looking at properties not in your desired range. If you have a demanding job in a metropolitan area, you might want to look for a relatively nearby location on the outskirts where you can spend the weekends. If you’re retired or work remotely, you might not mind making a longer drive to stay on your recreational land for a week or longer at a time – or even live there full time.

If you intend to generate income from your land, remember that most weekend warriors won’t want to travel very far to hunt. Focus your attention on hunting land as close as possible to major cities to get the most bang for your buck unless your planning to specialize in trophy hunting. It might also help to choose hunting land located near a small town where visitors can get supplies or have dinner.

Learn About the Neighboring Properties

Knowing about neighboring properties can help you decide whether land will make a good place for hunting. If your acreage is surrounded by farmland, then you probably don’t have anything to worry about. If there’s a community nearby, though, you should consider the possibility that your activities might not be allowed.

You should also talk to neighbors to learn about local residents. Are they the kind of people who respect private property, can you trust them not to trespass to hunt on your land while you’re away?

Find the right Agent

Not all agents are created equal and just because you might know a licensed real estate agent that is a friend or family member doesn’t mean they are experts in the land business. If you need help choosing recreational land that’s perfect for you, make sure to start by finding a land consultant who has the experience and expertise needed to help you find the perfect property to meet your needs. We suggest finding an Accredited Land Consultant (ALC).

land home

Buying Land For Building A Home Versus Buying A House

Whether you’re considering buying an existing home or purchasing a tract of land on which to build a new home, both options require considerable research. Both options also have some important differences you should be aware of so that you can make an informed decision.

The Major Difference Between Buying Land For Building A Home and Buying a House

One of the differences between the two is how the loans are structured. Mortgages come in a range of options to suit your needs and budget, but there are much fewer options for purchasing land. Many land loans must be fully paid within three to five years.

Interest rates and down payments are also usually higher on land loans than on mortgages. A typical down payment can range from 20-50%. However, some banks will allow a lower down payment if you have an excellent credit score. Securing a lower interest rate is a lot tougher, though, as land only loans are riskier for the lender since there really isn’t any collateral, such as a home. Therefore, lenders are less inclined to offer lower interest rates.

One of the benefits of purchasing land with cash is that the amount you pay for the land can be used as a down payment towards your construction loan when you’re ready to start building your home. Lenders can also include your land purchase within your construction loan in some cases.

Most experts recommend purchasing the land with cash, if you have it. A land specialist can advise you on your options, and a financial advisor can assist you in liquidating assets or arranging finance options.

Reasons to Consider Buying Land

In many areas, today’s housing market is a rather competitive one. New homes are being snatched up before they’re even finished being built. Older homes can come with older home problems. If the current housing market just isn’t offering what you need, then purchasing land and having your own home built according to your specifications may be a much more viable option.

Buying rural land also affords you more freedom and less intrusion from nearby neighbors and costly HOAs. If you like the idea of being able to do more of what you want on your land without neighborhood covenants and restrictions, then once again, buying your own private land is probably a good choice for you.

building home

Important Considerations When Buying Land

You’ll need to figure out if your budget allows a purchase of land and building a home. Aside from construction costs, you’ll also have to consider additional costs including, but not limited to, permits, fees, land adjustments – if needed, and the cost of running water, sewer, and utility lines to the home. The guidance of a land professional is vital to this process.

How to Find Land to Buy For Building A Home

When seeking land to purchase, you’ll want to retain the services of a qualified rural land agent as opposed to a residential real estate agent. A real estate agent without the education or experience handling land transactions can end up either wasting your time, costing you a lot of money, or both. Start searching for a qualified agent near you or browse properties listed by qualified agents to get started. Be sure to interview the agents that you’re considering to confirm they’ve got the experience necessary to help you reach your goals.

land agent

The Importance of Using a Qualified Land Agent When Buying Land

A qualified land agent will have the knowledge and experience to help you maximize the value of your land transaction. Land agents will be able to provide you with important information, resources, and a network of land experts that a traditional real estate agent likely would not have access to in their role. Additionally, they’ll save you a lot of money because they’re well aware of the costs, paperwork, and legalities of a land purchase. Some of the other important ways a qualified land agent can help you include:

  • They’ll have information on zoning laws detailing what can and can’t be done on the land you wish to purchase.
  • They’ll have information on city ordinances you would have to adhere to.
  • They can help you hire a professional land surveyor should you need one.
  • They can help you estimate the utility costs for running water and electric to your new home.
  • They will have information on easements.
  • They can tell you if the lot you intend to purchase falls within a floodplain.
  • They can help you with permits before the construction of your home.

Below is a checklist with some suggestions for potential land buyers to be educated about when looking to purchase land for the first time. Please keep in mind this list is not exhaustive, and anyone considering to purchase land to build a home on should work with a specialized land consultant in their area before buying land.

Checklist For Land Buyers

  • Zoning & Permits
  • Special Tax Assessments
  • Easements & Deed Restrictions
  • Property Boundaries
  • Water Rights & Soil Productivity
  • Future Land Use Planning
  • Crop & Timber Yields
  • Well water quality and flow
  • Road & Driveway Maintenance
  • Fire & Ambulance Services
  • Electricity and High Speed Internet Options
  • Flood Zones
  • Past & Present Land Use
  • Adjacent properties’ land uses
  • Past Logging Practices
  • Surveys
  • Topography & Geo hazards
  • Property Taxes & Associated Deferrals
  • Hardship & Farm Help Dwellings
  • Financing Options for Rural Property
  • Market Valuations & Inspections
  • Sale Negotiations

Remember, as with any major purchase, it’s also important to do your own due diligence and use a qualified land agent, like an Accredited Land Consultant, to assist with your purchase. Ask plenty of questions, consider the value of nearby homes, and plan your budget accordingly so that you will have a better idea whether purchasing land is the right option for you. Rural Property is a segment of Real Estate that requires a different level of education and experience from the professionals that advise buyers and sellers.

The Road To Buying Your First Rural Home

The COVID-19 pandemic has convinced many people that they don’t want to continue living in urban areas with high population densities. Millennials were already starting to move away from cities, but the pandemic has piqued their interest and encouraged many to consider buying their first rural home.

If you plan to be buying your first rural home soon, you will need to do some research that makes the process easier. In many cases, buying a rural home, especially if it sits on a few acres of land, is different than buying a home in a city or suburb. The following recommendations should help you learn more about your options and choose a country home you’ll love.

Know How You Can Use the Land Once You Own It

Typically, rural land has fewer restrictions than urban and suburban properties. Don’t assume that you can do anything you want after buying your first rural home, though. Even if local laws let you set up a residential hobby farm, they may prevent you from owning certain animals or using specific farming practices.

Use this list of important questions to help you choose a piece of land that fits your expectations.

goat

Know What Features You Want From Your Rural Land

You should also look for features that will meet your specific needs and wants to get the most out of your property. For example, it makes sense to buy a rural home on wooded property if you want to hunt, hike, or use it for many other recreational purposes.

There are many potential features to consider before buying your first rural property. A pond or lake provides great entertainment for swimmers and fishers. Hilly land doesn’t suit many crops, but cows can enjoy it. A large plot of well-drained soil could make an excellent spot for a family garden or even growing produce for a farmer’s market.

Also, ask questions about whether the area has good broadband internet access. A poor internet connection can make it difficult to work remotely, enjoy your favorite media, and stay in touch with friends. Unfortunately, many rural areas have broadband deficiencies. Don’t assume you will get a fast internet connection just because the property has a town nearby.

Know What Types of Insurance You Will Need

In the city, most people choose standard homeowners’ insurance policies that cover hazards like fire, damage from storms, and personal liability. You may need more coverage for things like crop protection (if you plan to grow crops), additional liability insurance (if you plan to let people hunt on your land), and property insurance that covers other structures like barns and tractors.

Think about how you plan to use the property so you can get an insurance policy that keeps you protected.

rural home porch

Determine How Much Effort You Are Willing To Put Into the Home

Maintaining a rural home, and the land it is on, can take a lot of time and effort. Suddenly, you have much more to do than mow a small backyard and plant a few flowers. In addition to the usual maintenance that comes with owning a home, proper maintenance for your rural home could include:

  • Clearing acres of growth around your house or mowing a sizable lawn.
  • Establishing a fence line that helps you and neighbors avoid conflicts.
  • Repairing damage to barns, sheds, fences, and other structures on the property.
  • Tending to the plants and animals on your hobby farm daily, if you have one.
  • Managing common pests living on the surrounding land.
  • Clearing large driveways of snow if living in cooler climates.

You might also need to think about ways to keep predators away from your house, especially if you have children or small animals. A herding dog could help, but that means adding a furry member to your family, which comes with its own effort and expense.

rural home

Think About How Long You Plan to Keep the House and Land

Is this a property that you want to live on for a few years or several decades? The answer matters quite a bit. If you only want to live there for a few years, you probably don’t need to develop the property much. Instead, you could turn a profit from selling the raw land.

If you plan to spend many years in the home, you need to think more carefully about your wants and needs. Adding gardens, cottages, and other features could increase your enjoyment significantly. You could even set aside a section of the property for paying guests. Visiting the countryside can help city-dwellers de-stress, so you could use your land as a new income source by advertising your cottages as a vacation spot.

Hire an Accredited Land Consultant Before Buying Your First Rural Home

You don’t want to use a standard real estate agent when buying a rural property. Instead, you should get help from an Accredited Land Consultant (ALC). ALCs must take at least 104 hours of courses, get approved by a committee of active ALCs, adhere to a strict code of ethics, and show a history of successful sales before they can obtain accreditation from the REALTORS® Land Institute. No matter what type of rural land you want, an ALC can narrow your search to options that best fit your needs.

ALCs have a lot of connections, so they can introduce you to a large pool of sellers. If you decide to sell your land later, you can reach out to your ALC to benefit from his or her connections to potential buyers.

As more people think about buying rural homes, prices will likely increase. If you think you want to make the move, start exploring your options by finding and talking to an ALC near you.

private ranch property

Landownership Basics: Private Property Rights

“The best investment on earth is earth.” -Louis Glickman

Fee simple landownership comes with some fundamental private property rights no matter what kind of land you own and where you own it. Understanding your private property rights from the start, even before owning a property, will ensure you get the most enjoyment from your property without violating the rights of others.

Fee simple “refers to real estate or land ownership. The owner of the property has full and irrevocable ownership of the land and any buildings on that land. He is free to do whatever he wishes on the land subject to local zoning ordinances. Fee simple and fee simple absolute are the same thing. Fee simple is the highest form of property ownership.”

“Private property rights are one of the pillars of capitalist economies, as well as many legal systems, and moral philosophies,” according to an article defining property rights.

Right to Possession

Once you fully own your own piece of land and hold the title, you retain possession and control its rights. If you have a mortgage, then the lender probably holds your land title until the loan and its interest is paid in full. Until then, you will have limited possession rights and potentially limited private property rights for use. Depending on where you live and the terms of your loan agreement, the lender could take the property quickly once you stop making payments.

land real estate private property

Right to Control

Assuming that you do not live in a neighborhood or city with zoning regulations or other laws that forbid certain activities, you can participate in any legal action on the land you own.

Keep in mind though that neighborhood associations and similar organizations often have covenants that restrict certain activities, so you’ll want to ensure none apply to your property. Covenants may include relatively harmless demands like requiring you to maintain grass that’s visible from the road. Other covenants may restrict activities like raising animals, operating a business, or using chemical fertilizers.

Always read local covenants and laws closely before purchasing land. Using a land expert in your area is the best way to learn about your property rights.

Right to Use and Enjoyment

The right to use and enjoyment means that you can engage in any legal activity on your property. The word “legal” carries a lot of weight in that sentence. For example, owning land does not mean that you can open a casino there without a state license. You must comply with local, state, and federal laws at all times. In fact, the Department of Justice can seize property that they think has been used to commit crime. Federal forfeiture law lets the government take ownership even without proof that it was connected to a crime.

You’ll also need to gather information on any zoning regulations that are tied to your property. According to legal experts, “Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders,” and therefore restrict, limit, or otherwise define the uses of a property.

agritourism apple picking

Right to Allow Others a Right to Use

As a landowner, you can give other people access to your property. In fact, it is for many one of the most lucrative aspects of owning land real estate. You can choose to let others access the land for free, or you can charge for access. For example, investors may purchase farmland so they can earn money by leasing it to farmers. Recreational landowners may charge for access to hunt their properties. Agricultural landowners may charge visitors to access for agritourism like fruit picking, pumpkin patches, or corn mazes.

private property signRight to Privacy and to Exclude Others

No one has the right to access your property without permission. You have the right to tell other people that they cannot come onto your private property.

There are only two caveats to the right to privacy and exclusion. Law enforcement can come onto your property while pursuing a suspect. They do not need to stop their pursuit to seek your permission. Law enforcement can also access your property without consent by getting a judge to issue a warrant. If a judge has reason to believe that illegal activities take place on your property, then it only takes one document for officers to investigate.

Additionally, people who have been granted legal rights to use the property for access or another use by previous owners should be considered.

Right to Transfer Ownership

When you own land, you have the right to transfer ownership as you see fit. You could give the property to a relative or friend as a gift. You could include the land in a will or trust. You can also transfer ownership by selling the estate to someone.

Right to Use Property as Collateral

Your land has value that you can use as collateral when using a mortgage to purchase other properties. Collateral may help you qualify for a mortgage or other loan, and you may get a lower interest rate because your land offsets some of the lender’s risk. Keep in mind that failing to repay the mortgage could mean losing rights to your property.

Air Rights

For the most part, you own the right to use the air space that’s above your land. There are limitations to your air rights, though. You could potentially build a skyscraper on your property as long as doing so doesn’t prevent other owners from enjoying their land or violate any zoning laws as mentioned above.

You also don’t have the right to build horizontally across someone’s land. You can only construct vertical buildings that follow your property lines. If the building hangs over the property line, then the neighboring owner could demand that you remove the structure. Air rights especially come into play when it comes to developing on commercial land or residential land in urbanized areas.

What Landownership Rights Do Not Include

Owning land gives you considerable rights over its use, which is one of the biggest draws for land buyers in all markets. Surface rights, however, do not ensure that you control access to the ground below your feet or the air above your head. Before purchasing land, it makes sense to perform an extensive title search or Mineral Rights Search. You may discover that someone else already owns the minerals, oil, and other valuables under the surface of your property.

Understanding Your Private Property Rights

Landownership gives you exceptional rights, but private property rights can have limits. Make sure you understand your private property rights before you purchase a piece of land. Doing so could influence where you choose to buy property and how you use it.

When it comes to learning about your property rights, Accredited Land Consultant Matt Davis with Cushman & Wakefield in San Diego, CA, says “In addition to the personal enjoyment you and your family may receive from spending time on your property, owning land is a tried and true way of preserving and growing wealth. By leveraging the expertise of a land professional early in your property search, you can be confident you know what you are buying, what rights others may have that impact the property, and that you will be able to use the property the way you desire, for generations to come.”

The best way to learn about your property rights or to learn about the property rights of a property you are interested in purchasing is to Find A Land Consultant, like an Accredited Land Consultant, in your area with expertise in the land market.

sunset oil land

Getting It Right: Mineral, Oil, and Property Rights

When you buy land, you might assume that your property rights give you ownership of everything below your feet. That’s not always the case, though. While you have surface rights, someone else may have mineral rights to its metals, oil, natural gas, and other commodities.

If you currently own land, then you may need to have someone research its previous ownership rights to determine whether you own the mineral rights or not. Ideally, though, you will know your surface rights and mineral rights before you buy land.

Owning Land Doesn’t Always Mean You Own What is in the Land

When surface and mineral rights get separated, you need to know it affects your property and ownership.

Surface Property Rights

Surface rights only apply to the surface of the land. When you purchase a piece of property, you always get surface rights for the plot of land. Surface rights do not apply to anything below the surface of the property.

Mineral and Oil Rights

Mineral rights apply to ownership of anything below a property’s surface. It often refers to more materials than minerals like copper, gold, and silver. It can also refer to oil and gas rights.

When someone owns mineral rights, they get to access and harvest commodities below the land’s surface. Drilling, mining, and other harvesting options often disrupt the surface. That may not seem fair to the person who buys property. Still, the owner of mineral rights can, within reason, make changes to the surface while accessing sub-surface minerals.

In some cases, companies can access commodities without disturbing the surface. For example, a company may use horizontal drilling to extract oil and gas from the land.

property rights

Leasing and Selling Mineral Rights on Your Land

It’s possible to earn money by leasing or selling your land’s mineral rights. In 2013, landowners made about $22 billion from their mineral rights.

When selling mineral rights, you give someone or a company absolute ownership of the commodities in your land. Unless you have the opportunity to repurchase the rights, your property rights will never include ownership of oil, coal, and natural gas. Depending on the terms of your sale, you may get a lump sum from the buyer or receive a percentage of the money earned when the owner sells the oil, natural gas, or other commodity.

Some people assume that leasing their mineral rights gives them more advantages than selling the rights. The benefits and disadvantages depend on the terms that you and the other party reach.

After you lease mineral rights, the new owner may extract everything of value. If that happens, then you may lose future opportunities to make money from the mineral rights. Leasing can also mean that you don’t get any money unless the new owner finds and makes money from commodities in your land.

By leasing, you get your mineral rights back after a determined amount of time. You also run the risk of making less money and losing the opportunity to earn money from the land in the future.

Things to consider before selling or leasing mineral rights include:

  • How it will affect your taxes.
  • How accessing the minerals, oil, or natural gas will affect your land.
  • Whether removing the commodities will make your land’s surface sink.
  • Whether drilling or digging will affect wildlife or water near your property.
  • Clauses that define things like where drilling can occur and who will pay to repair any damage caused to the land’s surface.

Before you agree to lease or sell rights, make sure to work with a qualified land consultant in your market who can refer you to a lawyer with plenty of experience in these areas. You will need an expert to explain the details and help guide your decision.

Ideally, You Should Know Your Property Rights Before You Buy Land

When you buy land, earlier property rights agreements still apply. If a previous owner sold the mineral rights, you are stuck with the conditions of that deal.

You can learn more about your rights before buying property by performing a title search or Mineral Rights Search. Plenty of title companies offer services that will help you understand your property rights.

It’s important to remember that title searches don’t always find all of the information relevant to your land. Some experts recommend assuming that you don’t own mineral rights when you buy property. If anyone has sold the rights in the past, then you will not own the mineral, oil, gas, and other commodities beneath your feet. When land gets sold to dozens or even hundreds of different people, it’s easy to miss an instance when one of those owners sold the rights.

If you want to buy a piece of land, start by finding a land consultant in your area who can give you accurate information about surface and mineral rights in your state. The rules in one area aren’t always the same as those in other places.

soil

Sifting Through The Science of Farmland Soil Health

“Under All Is The Land” – the motto of the National Association of REALTORS® could not better encompass the enormity of that statement so succinctly. Indeed, the essence of all we do is upon, within, and determined by the land; its location, structure, depth, topography, and a myriad of other land factors that dictate and influence our lives and, certainly, our livelihood. We build our homes, cities, factories, and roads on the land, and put the lines and pipes to serve them under it. We till and farm and irrigate the land to feed ourselves and much of the rest of the world. We draw imaginary lines on the land and fight wars over it. Land is literally and figuratively our foundation. Of particular interest to the land brokers who comprise the REALTORS® Land Institute, is that portion of the land we call soil.

“It’s not dirt, its soil!”

“It’s not dirt, its soil!” is an often used distinction between what you plant your crops in and what you track into the house on your boots. While the words are colloquially used interchangeably, the study of soils is a fascinating exploration into the resource beneath our feet. Land brokers, particularly those involved in farm sales, can benefit from some basic soil knowledge. Many farm brokers were raised on farms and work in the ag communities where an understanding of “good dirt” is common. The underlying reasons, those identified by farmland soil science, are important to the users of the land, particularly farmers, and means that those who broker that land should also have a basic understanding of the elements of soil health.

Topsoil is the uppermost layer of soil and comprises the elements that make crop production possible. Topsoil is a very valuable and precious resource – it takes 500 to 1,000 years to create a single inch of topsoil that can be lost in minutes to erosion or improper management. Soil is developed from parent material (rock) over the span of millennia by the ongoing natural actions of weathering: wind, water, heat, cold, freezing, thawing, chemical and biological action, topography, and time. Constant, careful, and deliberate management measures must be applied to property manage our topsoil resource, keep it healthy and productive, and prevent unnecessary loss due to erosion.

The largest man-made environmental disaster in the U.S. was the great Dust Bowl of the 1920s and ‘30s. Because of mismanagement, and a lack of foresight and understanding, a vast area of the central U.S. was devastated by loss of topsoil due to improper farming practices and sustained wind which resulted in economic collapse and the largest relocation of our population in U.S history, as farms went broke and people left the land. This is not just past history that can be acknowledged and forgotten, because without vigilance, it could happen again. In just the last 5 years, virgin grasslands in sensitive, arid areas have been plowed and planted with the expectations of profits from high commodity prices. When those prices inevitably adjust downward, those fragile soils may be subject to excess erosion.

dust bowl dirt

In the wake of the Dust Bowl, the Soil Conservation Service was formed by the Federal Government to research the causes and prevention of massive soil erosion and take steps to train landowners, make relevant law and policy, and buy back and set aside formerly privately owned land for restoration. The establishment of our system of National Grasslands came about by these efforts. Other government efforts that offered landowner incentives to take highly erodible lands out of production produced programs such as the original Land Banking program and the decades-old Conservation Reserve Program, still in use.

The efforts of decades of the soil conservation movement are evident throughout U.S. farmland with the use of terracing, tiling, contour farming, grass waterways, strip farming, retention of crop residues, irrigation management, and numerous other practices that are a part of modern American agriculture.

Soil is very much alive. The makeup of topsoil includes the geosphere (rock and parent material), the biosphere (millions of bacteria, fungi, worms and other life), and the atmosphere (air and pore spaces for water movement, and oxygen for chemical and biological action). A healthy soil is teeming with life. Preserving and enhancing a soil environment that can host and encourage biological action is a goal of proper soil management.

Management and the health of topsoil are critical and include proper tillage methods, prevention of soil erosion, and retention of crop residue to enhance organic matter content. The Natural Resources Conservation Service (NRCS), formerly the Soil Conservation Service, is an agency of the United States Department of Agriculture (USDA) that provides information, education, services, and assistance to landowners to develop and maintain conservation plans. Most crop price support, crop insurance, and cooperative assistance programs offered by the Farm Service Agency (FSA) require that a landowner must have an NRCS approved conservation plan as a condition of participation in the program. NRCS is also responsible for creating and updating the Soil Survey, a valuable source of information in both printed and on-line digital form (more on that later).

nrcs soil texture

It is common for a farmer or landowner to discuss soil types in terms of the soil’s texture, such as a “loamy” soil or a “clay” soil. Soil is comprised of three soil texture types, all based on the size of the soil particles. The three basic soil textures, in order of size from largest to smallest, are: sand, silt, and clay. A loam is a mixture of varying amounts of sand, silt, and clay. Specific soil textures are determined by using a soil textural triangle based upon the percentage of sand, silt, and clay in a particular soil sample (see illustration). NRCS provides an online calculator that is a great resource for calculating soil texture.

Soil health and fertility status is best determined by an on-site sampling of soils, usually in a grid pattern, submitted for laboratory analysis.

The soil test lab report provides valuable information on the makeup of the soil, its pH (acidity or alkalinity), and cation exchange capacity (CEC). CEC is a determination of the ability of the soil components (primarily clay and humus) to allow for the absorption and transport of soil nutrients from the soil to the plant roots. It is essentially a measure of the soil’s ability to hold nutrients and feed the plants. Fertilizer recommendations are based on the results of a proper soil test. Variations of soil types on a farm, and even in a particular field, can be identified and accounted for. When the information is translated to geo-spatial formats, current precision agriculture technology using GPS location equipment has the ability to make on-the-go adjustments for varying soil types and fertilizer needs.

A farm broker often needs to provide soil information on a property to prospective buyers. As always, the landowner, manager, or operator is a good first source, particularly if they utilize the services of a crop production adviser who analyzes the soil conditions periodically. A very good general source of soil information is the USDA/NRCS Web Soil Survey, an online resource that provides information on most U.S. soils. A broker can readily create a soils map, from the Web Soil Survey, and accompanying summary of soil capability, average expected crop yields, and more.

The Web Soil Survey has links to a vast amount of soil information, education, and a tutorial on using the survey. A handy green “start” button opens the survey itself. The process is started on the Area of Interest (AOI) tab by defining the subject parcel as a specific area which narrows the parcel search to the level of section, township, and range. Other methods to find and define the AOI are street address, GPS coordinates, and other reference maps, in addition to the Public Lands Survey System legal description. Once the map is zoomed to the general selected area, a specific location is automatically plotted on an aerial map utilizing the AOI tool to define rectangular or trapezoidal parcel boundaries. Once the Area of Interest is defined, a click on the Soil Map tab creates a map of soil types shown on the subject parcel. Once presented with the soil map, a click on the Soil Data Explorer tab provides an extensive selection of soil attributes, analyses, and limitations on use for the area defined. Ag lands would utilize info such as crop production capability classes, expected yields, and erosion susceptibility. One can also find info and potential limitations in regard to septic system leaching fields, road construction, and other engineering and construction topics. Once the map and information is selected, the user clicks on the Shopping Cart tab to obtain the map and report in digital form for download, or in printable form. The information is free, despite use of the term “shopping cart.”

For the brokers who wish to provide basic soils information for a particular parcel, the Web Soil Survey is a quick, easy to use tool that provides the ability to create a comprehensive soil map and report for any listing. This is a good way to work with your clients to provide valuable information on a sale property and impressive data to prospective buyers. More specific information and education can be obtained locally at the nearest USDA Farm Service Agency. Most counties in the U.S. have an office and can direct you to the best sources of information, including a locally or regionally available soil scientist.

A comprehensive understanding of all things soil related would require much study and education, but a great deal of this valuable information can be obtained, analyzed, and presented for free through the programs explained here. Hopefully, you will have gained a bit of historical perspective and direction. If you are a landowner trying to sift through soil science, it is important to Find A Land Consultant with expertise on the subject, like an Accredited Land Consultant (ALC). If you are a land agent and interested in learning more on this topic, make sure to take RLI’s Agricultural Land Brokerage and Marketing and Land 101: Fundamentals of Land Bokerage LANDU courses.

This article was originally published in the Fall 2015 edition of the Terra Firma land real estate magazine published by RLI.

Kirk Goble, ALCAbout the author: Kirk Goble, ALC, has been a Colorado licensed real estate broker since 1988 and founded The Bell 5 Land Company in 2000. He specializes in farm, ranch, land, and water brokerage. He is a member of the National Association of REALTORS®, The Greeley Area REALTOR® Association, and the REALTORS® Land Institute. Goble was awarded the Land REALTOR® of America by the REALTORS® Land Institute in 2013 and is a LANDU instructor for RLI.

Cannabis

Concerning Cannabis

In 2012, the citizens of Colorado voted decisively to become the first jurisdiction in the world to allow legal adult possession, use, growing, and retail sales of cannabis (marijuana). Colorado has had legal medical marijuana since 2000. The 2012 amendment to the Colorado Constitution (Amendment 64) also set forth retail marijuana sales rules, a taxing structure that provides for revenue to schools, public and youth education regarding cannabis, and the production of industrial hemp.

Colorado became ground zero for cannabis reform and many other states and municipalities have since been looking to Colorado for guidance and example. Colorado citizens, in greater numbers all the time, have supported this groundbreaking change and the legislature, regulators, and industry have been working diligently to construct a business and legal framework within which to operate.

Cannabis reform is also sweeping the nation. Thirty-three states and the District of Columbia currently have passed laws broadly legalizing marijuana in some form, and the 2018 Farm Bill set the framework for legal industrial hemp nationwide. This movement will continue and the Federal government will catch up or be forced to approve and adapt in time as reform states lead the way. The latest Gallup poll on cannabis shows 66% of all Americans across the board support full legalization of this ancient plant. Canada has had legal hemp since the 1990s, and last year they legalized marijuana nationwide.

hemp

Colorado has managed this matter pretty well by writing good laws, monitoring the law’s status and effects, and adjusting regulations as needed to mitigate unanticipated issues for regulation and law enforcement while addressing the needs of the ancient industry. The entire conversation has changed in our state – fewer talk of fears and pot jokes and more talk of business opportunity. In short order, legalization has brought about normalization. For example, in Denver proper, there are more dispensaries than Starbucks.

Retail cannabis sales in Colorado began in 2014. Last year, the adult use (recreational) sales alone topped $1.5 billion, with tax revenues of over $266 million in calendar year 2018. Since 2012, the cannabis industry has created over 2,500 new jobs in the state; jobs that are home grown (pun intended) and won’t be exported overseas.

Colorado studies have shown little impact to law enforcement due to adult use, declining use by youth under 21, increased tourism, and tax revenues in excess of predictions. Appropriately, marijuana is regulated by the Marijuana Enforcement Division of the Colorado Department of Revenue and industrial hemp is regulated by the Colorado Department of Agriculture.

Other states have recognized the futility and costs of cannabis prohibition and are beginning to realize that it is a product that is best regulated, taxed, and properly controlled rather than treated as a criminal matter. Idaho, Kansas, Iowa, Texas, Nebraska, Wisconsin, and South Dakota are the remaining states that have resisted cannabis reform and several of those are either reexamining their status or have citizen-driven initiatives attempting to modernize the regulations in their jurisdictions.

Current legal retail marijuana sales in the US are approximately $6 billion. With recent legalization in California and Michigan, those figures are expected to grow exponentially. The estimated total marijuana demand in the US (including black market) is $50-$55 billion, which is the potential under nationwide legalization. The hemp products industry is hovering around $620 million and is estimated to exceed $5 billion by 2020. Clearly, this is an exciting growth industry with much opportunity. There are numerous impacts of the changing laws to the real estate industry, including land brokers, and it is a billion plus dollar industry that should not be ignored.

“Thirty-three states and the District of Columbia currently have passed laws broadly legalizing marijuana in some form, and the 2018 Farm Bill set the framework for legal industrial hemp nationwide.”

At some point, it is likely that we as real estate brokers in reform states will encounter a cannabis issue in the course of daily business. It could be an inspection issue for a home grow, a request for cannabis appropriate properties, warehouse or retail facilities, leases, hemp production farms and processing, or a myriad of other possibilities. Whether this poses a difficulty or an opportunity, you should be aware of the rules and regulations of the industry.

Hemp and marijuana are the same plant: cannabis sativa. The cannabis plant contains over 60 compounds known as cannabinoids which are unique to the plant. Hemp is a variety of cannabis sativa that contains less than 0.3% of delta-9 THC (tetrahydrocannabinol), the component of cannabis that produces the high from marijuana.

cannabis field

Hemp has been a historically important crop and was widely used in industry prior to being made effectively illegal under the Marihuana Tax Act of 1937 and rendered completely illegal under the Controlled Substances Act of 1971. Hemp has a long list of useful applications: fiber, cloth, paper, oils, plastics, lubricants, cosmetics, food products, bio-diesel and ethanol, insulation, and building materials. It has more than 25,000 documented uses, but will not produce a high.

Industrial hemp was first addressed in the 2014 Farm Bill, which allowed interested states to establish programs for research of propagation, growing, utilization, and marketing of hemp. The first seven states that chose to participate gained a head start in developing a robust hemp industry.

The 2018 Farm Bill, passed last December, made major changes to the law:

  • Defines hemp as any part of the cannabis plant containing 0.3% THC
  • Removes hemp, as defined, from the Controlled Substances Act
  • Provides that raising hemp will not impact participation in Farm Service Agency programs
  • Provides that hemp can be included in Federal Crop Insurance programs
  • Requires each state to propose a state plan or operate under Federal rules
  • Allows states to opt out of hemp production
  • Allows interstate transportation of hemp and hemp products

The passage of the new 2018 Farm Bill has really energized interest in the crop; however, full codification, rule writing, and promulgation and implementation of all elements of the new law will take time. Most Federal rules will not be complete until the 2020 crop year, and some issues like crop insurance could take longer. Some farmers have tried hemp production and have decided to wait until the rules are clear and the markets settle before planting again. Processors are still catching up with growers, leaving some farmers with a harvested crop with nowhere to go. I always advise a producer to secure the sale before planting the seed.

The hemp plant has about a third less moisture and nutrient requirements than corn and far less, if any, pesticides. It is an annual plant that grows rapidly to a height of 8 to 12 feet with large seed heads, a fibrous stalk, and tap root. About 40% of the plant material is returned to the soil, adding organic matter. Hemp is a dicot plant with a deep tap root that improves soil aeration and water permeability, particularly in compaction prone soils. The crop is harvested for seed (used as seed stock and a source of oils and food products), fiber (for cloth, paper pulp, rope, insulation, building materials), and production of CBD (cannabidiol), a non- psychoactive substance used medically to suppress seizures, reduce anxiety, pain relief, and other uses. The cannabis plant is resilient and grows well in several different soil types.

As commodity prices for traditional crops remain at 30-year lows, hemp is poised to be a viable, productive plant for continued agricultural production and has raised major interest from all sectors of the agriculture industry. Every hemp meeting for farmers that I have attended has been a standing room only crowd. Approximately 78,000 acres of hemp were grown in the US in 2018. Of that, 70% was grown for production of CBD; 10% for grain; 10% for fiber; and 10% for other uses or crop loss. Some states have opted out of hemp production so far, including Kansas, Nebraska, and Idaho. Over exuberant and uninformed law enforcement has caused several instances of hemp transporters being arrested and detained on marijuana charges. These arrests are examples of some of the rough spots that may occur during the transition to a legal cannabis economy.

I have developed a four-hour course entitled Cannabis Country that goes deeply into the topics addressed here plus an in-depth history of cannabis prohibition, the multitude of uses of the plant, phytocannabinoids, endocannabinoids, legislation, propagation, markets, and the future of cannabis in the US. Watch for it near you or contact me for information and scheduling.

This article was originally published in the Summer 2019 Terra Firma magazine.

Kirk Goble, ALCAbout the author: Kirk Goble, ALC, has been a Colorado licensed real estate broker since 1988 and founded The Bell 5 Land Company in 2000. He specializes in farm, ranch, land, and water brokerage. He is a member of the National Association of REALTORS®, The Greeley Area REALTOR® Association, and the REALTORS® Land Institute. Goble was awarded the Land REALTOR® of America by the REALTORS® Land Institute in 2013 and is a LANDU instructor for RLI.

The Scary Side of Land

Forget goblins and ghosts – these are the really scary parts of October. These land nightmares can cost you time, money, clients, and even your reputation as a land expert. Read on to find out some of the scariest things that can happen to land professionals and to see how you can avoid falling prey.

Buying A Property From Someone Who Doesn’t Actually Own It

One thing that every land expert fears is helping a client sell a property for a seller that doesn’t actually have a clear title to the property. This can create a horror show of legal battles and thousands (even millions) down the drain.

Sometimes, a seller doesn’t have legal rights to a property because they didn’t know enough about the history of the land and genuinely thought they owned it. It is important for agents to secure a title proving ownership before moving forward with a client.

Less scary: For those of you that are newer to the land industry, a title search is the process of retrieving documents about the history of a property. Title searches are the best way to know exactly who owned the property when.

Finding Out Too Late That There Is Something Wrong With Your Property

Just because a property looks perfect doesn’t mean that it is. There is nothing worse than buying what seems to be a flawless property only to find out after the check clears that there are environmental hazards lurking in your land.

Less scary: Soil tests do take time and money, but they are the best surefire way to weed out anything that could lower the value of your land. These tests can show a variety of things, from nutrient content and composition to other important characteristics such as the acidity or pH level. Nutrients in the soil can vary depending on depth and the timing of when the sample was taken so it is important to make sure you have a recent test.

Soil tests are especially important when building a structure or planting crops. You’ll want to make sure you have the right soil type for your produce.

Buying A Property With No Access

This might sound ridiculous, but there are thousands of landlocked properties with no access. As Future Committee Leaders member, Eric Leisy, ALC, pointed out in his guest post for RLI, “not having deeded access to a property can cause the value to plummet.”

Less scary: If your dream property is landlocked, you do have options. You can go to court to try and get an ingress and egress easement or purchase deeded access from whoever holds it.

“It is best to sit down face to face with the landowner that you are requesting the access easement from,” said Leisy. “Calmly go over the process, and explain why it is needed. Most people will respond much more positively to this type of meeting over a cup of coffee rather than getting a letter or email. You might be pleasantly surprised at the end result.

Buying Land Zoned Wrong

There’s a common misconception that the strictest land zoning happens in urban areas. In reality, zoning regulations can be just as strict for agricultural and rural land, especially when it comes to the livestock.

Less scary: Do your research on the area’s zoning laws. Local jurisdictions determine zoning requirements such as minimum farm size, number of non-farm dwellings, density of development, and land use.

Be sure to also check if the land is zoned as being in a 100-year flood zone. You don’t want to wake up to see the structures you’ve built on the land have floated away!

Buying Land Without An ALC

We saved the scariest for last! Accredited Land Consultants bring decades of experience, in-depth knowledge, and a network of other professionals to every land deal. Working with an ALC is a surefire way to avoid all the other land horror stories (and even some we couldn’t think of) mentioned in this article.

Less scary: Always work with an ALC! Use the Find A Land Consultant tool to find a qualified land agent in your area.

Being trapped in a land horror story will cost you time, money, and more. Be sure to keep your land and money protected by always working with a professional. Happy Halloween!

About the Author: Laura Barker is a freelance writer based out of California for the REALTORS® Land Institute. She has been with RLI since October 2017.