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Tractor Talk Discussion Board

Good attorney?


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Posted by jdemaris on January 01, 2010 at 10:09:01 from (67.142.130.44):

In Reply to: OT Buying acreage/home posted by matthies on January 01, 2010 at 09:20:53:

My thoughts about the need for a "good attorney" are a little different. That is not much different than saying "get a good tractor mechanic." First, how do you know which one is good? I've dealt with some that were very good in their chosen field and others that were incompetent idiots. Having a license to practice law does not guarantee anything - except they will charge you a fee.

Also, most attorneys don't do their own title searches. They just hire someone else and charge a fee for being the go-between. So, I've got some mixed feelings on that also. I've worked as a title searcher, so I have some exeperience on the matter.

If you don't feel comfortable doing the work yourself, and know a lawyer you trust that has real estate experience - then that might be best for you. But, doing the research is not difficult, and often the County Clerk will help you for free. In most properties I've bought, my search was much better and thorough then what the previous title company or any attorneys had done.

If it were me (and I've bought many rural properties), I'd go to the county clerks records room and read the deed. That will tell you of the most obvious deed restrictions if they exist, recorded exisiting easements, property description, etc. I'm amazed at how many people never do this - and it should be the first thing. And, it's free. If anything is in question, you can use the free index of grantors and grantees and follow the line of previous owners - usually way back to when the county was first founded (1795 where I live).
You can also check (for free) the mortgagor/morgagee indexes.
You can also research the current owner's name for leins against him, law suits, etc.
You can also check with the County Treasurer to check on tax payment status and history.
You also ought to see if this property has a warranty deed, and if so - who warranteed it.
Usually a local title company. They will likely have an "abstract" that will give you some history on the property.
I'd also go to the Town Clerk, find out exacty how the land is classified, and then find out what code, use, and building regs and restrictions might apply. Don't buy and find out later. I looked at some rural land recently in northern Michigan and found out that #1 no farm animals were allowed, and #2 no pole buildings allowed unless a residential home was built first. Not the sort of thing you'd expect in a rural area.


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