RURAL
LAND - BUYING
Buying
rural land
Rural
land means land that is used or
apparently intended to be used for gain or profit for grazing of
livestock, dairying, poultry farming, viticulture, orcharding,
beekeeping, horticulture, the growing of crops of any kind, and
vegetable growing.
So,
even though your weekender in the
country may not have stock on it, the fact that it is apparently
intended for such use, would make it rural property under the law.
Under
the Property, Stock and Business
Agents Act 2002, Real Estate Agents can act in the purchase or sale
of rural properties up to 20 hectares in size. However, a licensed
Stock and Station Agent must handle properties over that size, and
any livestock transactions. Before dealing with an agent, ask to see
their licence and then call the Office of Fair Trading on 13 32 20 to
check that it is current.
Important
issues to consider when
buying rural land are:
- The
economic climate of the area. Is
the land to be used for agriculture, commercial purposes or private
use?
- Check
that the property has appropriate
council approvals and council zoning for any external buildings, and
any future development.
- What
about your health and age? (Do you
expect to have need for services that are found in cities and
regional centres?)
- What
are the property taxes?
- Does
the contract include any licences
such as water usage etc.?
- What
about accessibility of service
utilities such as power and telecommunication?
- Check
for flood plains, areas with
access problems, water problems.
- Particularly
check for any easements or
rights of way that may be through the property. Even though they may
have not been used for some time, their use by others can affect your
rights as well.
- Check
that effective controls are in
place and work has been maintained to control noxious pests on the
land, such as rabbits and noxious weeds. Eradication of these can be
expensive.
If
looking for undeveloped land check
the following:
- Water
tables, depth, quality and
reliability.
- Proximity
of utilities and costs to
bring them to the land / property and for installation and
maintenance.
- Country
road maintenance and
accessibility in adverse climate conditions.
- Clearing
sales
If
buying a property, ensure exactly
what is being sold to you along with the property. Many owners of
rural land, when selling, conduct what is called a clearing sale,
during which farm and household implements are auctioned. Whilst
these auctions are commonly conducted by the real estate agent
selling the property, it is important to note that the conduct of
clearing sales is not a normal activity of agents, and any funds paid
to the agent in trust for the owner of the goods are not protected by
the Property Services Compensation Fund. Many sales are conducted on
a cash only basis.