RURAL SALES

ANALYZING RURAL SALES

A characteristic of non urban valuation is the importance of local knowledge. This factor makes it extremely difficult for a non local to appreciate and understand important factors behind and the characteristics of rural sales. The more common problems will be
considered in this part.

CAPACITY OF THE PARTIES

The non urban valuer has to look more closely behind the circumstances of a non urban sale to find out the true relationship between the parties of the transaction. For example, the vendor and purchaser may have different surnames but are part of the local extended family which jointly or cooperatively farms the locality. Only local knowledge can ascertain this fact. Similarly the sale may involve
a company or subsidiary company that includes the same shareholder(s) as vendor and purchaser.

MORE THAN ONE CONTRACT

The non urban sale may consist of 2 or more contracts. For example, one for the real estate and another for livestock and plant. The valuer should peruse both contracts as often the value of livestock and plant is overloaded for stamp duty and income taxation reasons.

The higher price for stock and plant is compensated by a lower price for the real estate component.

LEGAL DESCRIPTION

The stated area of the land sold may be wrong. Sometimes the vendor to includes the area of crown licences such as road enclosures which cannot be legally transferred. Therefore, the valuer should check the legal description in the notice of transfer for the description of such licences.

The area of the property noted in the transfer may be inaccurate because of old surveys or changing water boundaries.


ADJOINING OWNERS

The relevance of adjoining owner sales in rural localities is less important compared to such sales in urban areas. The sale to the owner of a property "just up the road" is effectively, the same as to an adjoning owner if the road is a quiet back lane. In some rural localities the only possible sale may be to an adjoining owner.

In such a situation, the adjoining owner sale is not "out of line" and is evidence of market value. This was stated in Goobang Shire Objections (The Valuer, Vol 21, p57) where Else-Mitchell J said at pp61/62:

I question the propriety of excluding from consideration entirely a sale made to a neighbouring owner, at any rate in the absence of evidence showing that such an owner bought under some sort of strong economic pressure. Recent discussions of some of the problems of valuing rural lands in well settled areas have suggested that in the last twenty-five years 'the two great trends in agriculture which have emerged either singly or in combination have been the amalgamation of holdings and the intensification of land use' (see Mr B M Treseder's paper given to the Pan-Pacific Congress of Valuers. 17th April, 1969, page 131). The causes for this it is not necessary to pursue but if as Mr. Murphy contended—and as I think is the probability--the field of purchasers for the lands of the applicants in an unimproved state would comprise mostly local landowners already engaged in primary production, it would seem clear that there would be a potential demand of some strength by many such landowners for an area of 200 to 500 acres as an addition to their existing holdings.

This fact indeed was clearly established as to not dissimilar land in the Weddin Shire which when suhdivided, sold readily to neighbouring landowners in parcels of 200 to 600 acres at uniform prices fixed by the owners, who were the trustees of two estates.

Also, in Cattanach v Water Conservation and lrrigation Commission, reported in ("The Valuer", Volume 17, page 273), Else-Mitchell J said (at page 278) said:
this district has been found particularly suitable for merino sheep breeding an includes several well-known stud ram and merino properties, some of which are as large as 100,000 acres in area. The lands, generally speaking, are 'closely held', a phrase used by more than one witness, but in between these large holdings there are occasional parcels of land in the hands of comparatively small landowners such as the appellant (The area of the subject land was 2239 acres). Despite the particular purpose of sheep breeding to which lands in this district seem the best suited, the subject property was used by the appellant to raise fat lambs. That, however, does not detract from his right to have compensation assessed on the basis of the best potential use of the property, and I think it is proper to conclude that if it had been available for sale the field of potential purchasers in the market would probably have included one or more of lhe existing
graziers in the district or owners of large estates close to the property."

In Case ED 1/262, The Valuer, April, 1972 at p126:

In some districts there is a strong demand by local landowners for blocks of land which are less than a living area, and especially for those with little or no buildings. Some of these landowners may own adjoining land.
Sometimes there are features which make the land more desirable to an adjoining landowner than to any other potential buyer. There may, for example. be good water on the land which is capable of watering stock running on a greater area and which is in a position where it can be utilised to improve the watering of the adjoining owner s land. Such a sale may reflect special value for amalgamation with the adjoining owner's land and it may be out of line with the market generally.

See also Hurdis v Minister, 2 LGRA 132 at pp140-141.

LEGAL MISDESCRIPTION

The notice of transfer sometiimes has a misdescription of the legal description of the property. Therefore, the valuer should check the lot and deposited plan number.

The willing seller willing buyer theory (Spencer's case applies to the valuation of non urban lands when determining market value generally, as it applies to urban lands. However, the market analysis needs to be more rigorous and emphasizes different components of the conveyancing system.

The valuer can obtain sales data from transfers lodged with local authorities or from computer printouts available from the central valuation authority or private companies who sell such lists.

PRESENT TITLE BASIS

The methods of valuation for rural properties firstly assumes that the property is fee simple in possession or unencumbered freehold. Therefore, sales of properties subject to leases or licences (the majority) have to be adjusted upwards to a common unencumbered value which is a datum value against which other sales and valuations
can be compared.

To find the market value of a rural property subject to leases or licences requires a discount to an equivalent unencumbered value. The discount reflects the extra cost of occupying Crown leases and licences and the restrictions placed on them by the Crown.

EXCLUSIVE LICENSES

Some crown licenses can only be occupied by the surrounding owner, for example, internal road enclosuress and permissive occupancies with no external access. In such cases the added value to the main part is the value of those lands less the capitalized annual rent. It is usually only a formality for the purchaser of the freehold to occupy these lands. as licensee.

On the other hand lands that have a number of potential occupiers such as licenses on nearby stock routes or reserves will add little or no value to the main land as there is less certainty that a new owner will be allowed to occupy those lands.

The market value of such lands is a fraction only of the freehold value of the license is added the value of the main property for example, 0-10% of freehold value less the capitalized rents.

RESTRICTIONS ON USE

The valuer should determine the allowable land use on the
licensed land. If the allowable use is the highest and best use, then the starting value is freehold. If the allowable use is less than the highest and best use then its value is a proportion of the freehold value. The discount will depend on whether or not a potential purchaser would want to use the land for the allowable use.

LEASEHOLDS

Unlike licenses, Crown leases provide the owner with an interest in the land and should be valued with the main part of the property. Most crown leases are for a term of years and unless there are facts to the contrary, such as a statement by the Department, it should be assumed that the owner will be allowed to "roll over" the lease upon the
expiration of the current term.

Once this assumption is accepted the only difference between leasehold and freehold lands is the present value of future rental payments and an allowance for any restrictive conditions of use. If the allowable use is the highest and best use then the only disadvantage for the owner compared to the owner of freehold land is the payment of rent to the Crown. On the other hand, if the allowable use is less than the highest and best use, the freehold value will have to be discounted.

Quite often leased and licensed lands are marginal lands to the main property and the allowable use is the highest and best use.

CAPITALIZATION

The value deducted from the fee simple in possession value is the capitalized value of the rents being paid. The valuer ascertains the annual rents from either the owner or the department and this amount is capitalized in perpetuity (assuming that the lease will be "rolled over") using a conservative capitalization rate. A conservative rate is adopted because of the low returns received from rural properties and the conservative nature of the investment.

EXAMPLE

It has been ascertained from comparable sales that the freehold value of a rural property is $850 000 including certain road permits and crown leases. The valuer determines that the rents being paid for all road permits, a Special Lease, and a long term Conditional Lease is $5 400 per annum.

A suitable interest rate of 5% per annum is determined from either analyzing comparable sales or the opportunity cost of investment (long run).

CAPITALIZED VALUE OF RENTS: 5 400 * 100/5 = 108 000
PRESENT TITLE VALUE: 850 000 – 108 000 = 742 000

The valuer should stress in the valuation report that the final value is on a present title basis. For example, the final statement in the valuation report could read as follows:

The present title value of the subject property as at 06.10.2xxx is
$742 00.

Sales are analyzed to a freehold value equivalent using the reverse procedure to that shown above.

SECONDARY SALES DATA

Specialised rural magazines such as The Land include a large real estate sales section. Rural advertisements are most useful to the valuer as they are the first indicator of properties for sale so that their progress can be tracked and the asking price shows the highest level of price in the negotiating process.

Of course the final contract price is the only acceptable evidence of market value and that should be determined from a reliable primary source such as the local authority’s sales printout.

RURAL PROPERTY BASIC DATA SHEET

Below is an example of a typical non urban valuation sales and subject property summary data sheet:

PROPERTY NAME: .........................................................................
ADDRESS:............................................................................
...........................................................................................
..........................................................................................
OWNER:.............................................................................
LOT#:...........................
DP #:.....................................................................
COUNTY:............................................................................
SHIRE:.................................................................................
DISTANCE FROM NEAREST TOWN:...........................................................
FREEHOLD:....................................................................HA
CROWN LEASES:........................................................................HA
.....................................................................................HA
.....................................................................................HA
CROWN LICENCES.......................................................................HA
OTHER TENURES:.........…………………………………………………HA
% OF TOTAL AREA USED FOR GRAZING:....................
% OF TOTAL AREA 'UNDER CULTIVATION:....………...
% OF TOTAL AREA ANY OTHER LAND USE:.................
THAT USE..................
% OF TOTAL AREA ANY OTHER LAND USE:.................
THAT USE..................
% OF TOTAL AREA NOT USED:.....................................
MAJOR SOIL TYPE...............................................................................
% TOTAL AREA:..................
MINOR SOIL TYPE..................................................................................
% TOTAL AREA:..................

MAJOR TIMBER SPECIES:...........................................................................
MINOR TIMBER SPECIES............................................................................
% TOTAL AREA:..................

MAJOR SHEEP TYPE............................................ DSEUNIT:.....................
NUMBER CARRIED................................................ .DSE:...................................
MINOR SHEEP TYPE.............................................. DSEUNIT.......................
NUMBER CARRIED..................................................DSE:.................
MAJOR CATTLE TYPE............................................... DSEUNIT:......................
NUMBER CARRIED.................................................... DSE:.............................
MINOR CATTLE TYPE................................................ DSEUNI........................
NUMBER CARRIED.................................................... DSE:.............................
OTHER STOCK TYPE................................................. DSEUNIT:......................
NUMBER CARRIED..................................................... DSE:.............................
OTHER STOCK TYPE.................................................. DSEUNIT:.....................
NUMBER CARRIED..................................................... DSE:.............................
TOTAL DSE...................

COMPARABLE SALES CLEARED HA X/DSE

ANY OTHER RELEVANT DATA:
1......................................................................................
2.......................................................................................
3.......................................................................................
4.......................................................................................
5.......................................................................................
6.......................................................................................

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