Saturday, August 6, 2011
Working with Buyers versus Working with Sellers
Usually I have been working with buyers & helping them find a new home. The past 2 weeks I have been working more with sellers. The goals are very different. Buyers are happy about getting something new. Sellers are worried about getting enough value.
Wednesday, August 3, 2011
Why Do I Leave a Card at the House When I See a Property
Okay, I give up. I have tried to block time to write page-length relevant articles & I haven't made it work. Today I exercised, did dishes, got my hair done, showed 1 property, helped 5 colleagues at Bray with some technical stuff, made phone calls, & wrote a CMA (comparative market analysis) on a property I'm going to do a listing presentation on tomorrow. So I'm beginning to understand that blocks of time that go to thoughts involving my career sometimes go for client work first.
So, rather than just wimping out, I've decided that I need to write paragraph-length relevant articles. Someone once asked me, after I had shown him at least 15 properties, why I left a business card at each house.
I have a business card. Most realtors have business cards. We give them to people; we include them in hand-written notes; we include them with presentations. When we show a property to a potential buyer, we leave a business card in a prominent place. Sometimes it's on the kitchen counter or the dining room table. We do this as a courtesy to let the seller & the seller's agent know that we stopped by. The seller doesn't have to wonder if we are running late & we are still coming. The seller also knows who is responsible if something is "different" when they come back. The seller's agent knows that, since we have shown the property, he or she can find out what the buyer thought.
Sometimes, when a house is vacant, there will be lots of business cards on the kitchen counter. Like a dozen. Then it is interesting for the buyer's agent to see who has shown the property. Or how many people have looked at the property. Although seller's agents try to pick up cards & check vacant properties weekly, that isn't always possible. So a dozen cards in a week may be a lot, but a dozen cards over 3 months is not a lot.
To summarize: I put out a business card when I show a property to a buyer to let the seller & seller's agent know that I really came into the house & showed the property, & when the seller comes back to the house, I'm done. I also put out a business card to let other realtors know that I have shown this property to a potential buyer. And I notice whose cards are there.
Friday, April 15, 2011
What Are Showings?
When a buyer wants to see a property, the buyer’s agent makes an appointment with the seller’s agent. This is done by calling the agent’s company or the agent himself or herself and asking for a “showing” appointment. When I first started at Bray Real Estate, I would hear “showing appointment” on the overhead system & I wondered what that meant. At Bray there are people who set showing appointments for Bray properties & they answer the phone for showings. They talk to the buyer’s agent & find out what time the buyer would like to see the property. They also let the buyer’s agent know if there are specific instructions about when & how to get into the house.
To back up a little bit, when I am working with a seller, someone who wants to sell their property, I gather lots of information from them. One item we need to discuss is how people will make an appointment to look at the property. After all, you have to see the property first to know if you like it enough to buy it. Will the owner need to be there to open the door for the buyer & then leave? Will there be a lockbox on the door with a door key inside? Will there be a combination lock, letters or numbers, on the door with a door key inside? Will there be a special set of keys, like HUD keys, needed to get inside? Once we’ve decided about how to enter the property, we need to think about how much notice should be given & when is a good time. Does the homeowner need time, such as 2-hours notice, to get pets out of the house? Does the homeowner need time to tidy up before someone comes in? If there are tenants in the house, they legally get 24 hours notice before someone can enter, but sometimes tenants will let showings be scheduled with less notice. Are there times that are “off-limits,” such as a day sleeper allowing showings only after 4:00 PM? Are there religious times that the family does not want to be away from the house, such as Sabbath dinners? How will the seller be contacted? Can a message be left on a cell phone? Does the showing desk have to actually talk with the seller & get an okay for the showing appointment to happen? All these considerations are worked out when the property goes on sale, so that showing desk people know how to make the best appointments.
Let’s say that I have a buyer who wants to look at houses with 3 bedrooms, 2 full baths, 1500 square feet, 2-car garage, and a one-quarter acre yard. The house addresses could have come from a list that I sent to the buyer from which the buyer has now chosen several properties. The list could come from a sample of different types that I put together to give the buyer an idea of what’s available, such as 1-story or 2-story, stucco or brick, older or newer. The list could be all the houses available in a specific price range and/or neighborhood or school area.
For the first appointment, I call the agency’s main number & I get transferred to someone who looks at the showing information that the seller put down. This turns out to be a house with small children & they need some time to tidy up. They are in luck because I am scheduling this showing appointment for tomorrow at 10:00 am. Also this house has a lockbox that I can use my keypad on. The seller has time to clean up & think of somewhere fun to go with the children tomorrow morning while I show the house to a potential buyer. Maybe the children will go the Mesa County Public Library.
This buyer is taking time from work or other activities to see these houses. I want the time to be well-spent for the buyer, so we actually schedule several showings from 10:00 to Noon. I will probably schedule 3 from 10-11:00 am, 3 from 10:30-11:30 am, & 2 from 11:00-Noon. I will also schedule them in a continuous path from House A to House B to House C, etc., based on how they are on the map. With the time overlap, the buyer doesn’t have to wait to see any houses & can move right along. With only 1 hour time slots, it is less inconvenient for the seller to be gone from their property.
I email the buyer the house order & the map. When I meet the buyer the next morning at 10:00 am at the first house on the list, I give him or her a clipboard with a photo & short description of the property from the Navica system & a pen to write down their impressions. This is for their use, not mine, because things can get forgotten. Then as we see each house, it goes on one of 3 lists: “yes,” “maybe,” or “no.” The buyer is only deciding whether or not to see the house again, not whether or not to buy. Sometimes as we go along, a “yes” becomes a “maybe,” a “maybe” becomes a “no.” After the buyer is done seeing the houses & has time to make decisions, the buyer sends me a shorter list for houses that deserve a second showing & a longer time spent at the property.
Sometimes there is no shorter list & the buyer chooses to have a new list in a different area. Sometimes new properties become available because they are new to the market or there has been a price drop. Sometimes previously viewed houses are combined with unseen houses on a list. Each time there is a house to be seen, a showing appointment is made. Then the buyer chooses houses for a very small list, maybe only 1 or 2, for a third showing. Eventually after enough showings, the buyer chooses the property he or she wants to buy.
Thursday, March 31, 2011
Some Definitions of Listing Details
When I send my buyers a list of properties from the Navica MLS system, they see lots of information about the property. If it is about a house, here is some of the information that will be shown:
# BEDROOMS: How many bedrooms total are in the house. Bedrooms must have a closet, an escapable window, & a proper ingress & egress (a way in and a way out). Bedrooms must also be shown to be conforming or non-conforming in the “room size” area. Besides missing a closet or not meeting building codes for ingress/egress, non-conforming bedrooms are those in which someone could not escape from in case of a fire. They usually have no windows, windows that are too small, or windows that are too high up the wall for children to escape from.
# BATHROOMS: How many bathrooms total in the house. Each plumbing fixture counts as a ¼ in a bathroom. If it has a sink and toilet, it is a “half-bath.” If it has a sink, toilet, and shower, it is a “three-quarters bath.” If it has a sink, toilet, shower, & bathtub, it is a “full-bath.” If a bathroom is a full bathroom and has 2 sinks, it is actually called a “5-piece bathroom suite” instead of 1 ¼ bathroom.
GARAGE TYPE and GARAGE CAPACITY: A garage can be attached, detached, a basement garage, carport, parking spaces, or none. The capacity is based on how many vehicles can be parked in that garage. Sometimes people fill in garage dimensions if a garage is extra deep or extra tall for oversized vehicles.
YEAR BUILT and/or YEAR REMODELED: “Year Built” should be the date of the original building permit. If the house was remodeled, there should be appropriate building permits for that. A house can be updated without being remodeled if minor changes are made, such as new paint, appliances, flooring, etc.
AREA and/or SUBDIVISION: A house has a mailing address and/or street address which may tell you something about its location. When I search for property for someone, I don’t search for a specific address because it would take too long to check if every property was listed for sale. However, I can search by area in the MLS system or I can be more specific and search within a certain subdivision. Usually there are boundaries to the specific areas and you can find them at the Grand Junction Area Realtors Association map.
ELEMENTARY, MIDDLE, or HIGH School: If a buyer has children in the District 51 school system, they may want their children to stay in the same school as their current one. I can search by a specific school. They may also request a search within several elementary schools that are near to each other or a specific school that they feel is a better match for their children. You can find out which school your child will attend by going to the School District 51 schoolboundary website.
FRONTS: The front side of the house faces this direction. It can north, south, east, or west, or diagonal. Some people have preferences for houses to face south so the snow will melt off the driveway. Some people want the house to face west so they have a shady backyard in the evenings.PARCEL #: The parcel number mentioned at the Mesa County Assessor’s Office.
SELLER NAME: This must be the seller’s actual last name, not just the owner, so the person/s who legally own/s the property. Sometimes it just says "Owner" so the seller has some privacy.
SELLER LICENSED: If the seller is a real estate broker, he or she may have an unfair advantage when selling the property, so they must disclose to the potential buyer that they have a license to work in real estate.
TERMS: How the property can be purchased, such as with cash, a conventional loan, or an FHA or VA loan. Some properties that have been foreclosed are in such bad shape that they can only be purchased with cash. Also sometimes an owner will provide the financing to make it easier to buy the house, so it will say “owner carry.”
EM DEP and EM HOLDER: How much is required by the seller to show that a buyer is serious about purchasing the property. It is usually around 1 percent. The earnest money holder is the person who holds the deposit between making the office to buy and the closing. At the closing, the buyer’s earnest money counts towards the amount the buyer brings to the closing table.
TITLE CO: The title company is the one who is going to issue the title insurance on the property when it is transferred to the new owner. The seller pays for the insurance so that a “good title” can be given to the new buyer.
# BEDROOMS: How many bedrooms total are in the house. Bedrooms must have a closet, an escapable window, & a proper ingress & egress (a way in and a way out). Bedrooms must also be shown to be conforming or non-conforming in the “room size” area. Besides missing a closet or not meeting building codes for ingress/egress, non-conforming bedrooms are those in which someone could not escape from in case of a fire. They usually have no windows, windows that are too small, or windows that are too high up the wall for children to escape from.
# BATHROOMS: How many bathrooms total in the house. Each plumbing fixture counts as a ¼ in a bathroom. If it has a sink and toilet, it is a “half-bath.” If it has a sink, toilet, and shower, it is a “three-quarters bath.” If it has a sink, toilet, shower, & bathtub, it is a “full-bath.” If a bathroom is a full bathroom and has 2 sinks, it is actually called a “5-piece bathroom suite” instead of 1 ¼ bathroom.
GARAGE TYPE and GARAGE CAPACITY: A garage can be attached, detached, a basement garage, carport, parking spaces, or none. The capacity is based on how many vehicles can be parked in that garage. Sometimes people fill in garage dimensions if a garage is extra deep or extra tall for oversized vehicles.
YEAR BUILT and/or YEAR REMODELED: “Year Built” should be the date of the original building permit. If the house was remodeled, there should be appropriate building permits for that. A house can be updated without being remodeled if minor changes are made, such as new paint, appliances, flooring, etc.
AREA and/or SUBDIVISION: A house has a mailing address and/or street address which may tell you something about its location. When I search for property for someone, I don’t search for a specific address because it would take too long to check if every property was listed for sale. However, I can search by area in the MLS system or I can be more specific and search within a certain subdivision. Usually there are boundaries to the specific areas and you can find them at the Grand Junction Area Realtors Association map.
ELEMENTARY, MIDDLE, or HIGH School: If a buyer has children in the District 51 school system, they may want their children to stay in the same school as their current one. I can search by a specific school. They may also request a search within several elementary schools that are near to each other or a specific school that they feel is a better match for their children. You can find out which school your child will attend by going to the School District 51 schoolboundary website.
FRONTS: The front side of the house faces this direction. It can north, south, east, or west, or diagonal. Some people have preferences for houses to face south so the snow will melt off the driveway. Some people want the house to face west so they have a shady backyard in the evenings.PARCEL #: The parcel number mentioned at the Mesa County Assessor’s Office.
SELLER NAME: This must be the seller’s actual last name, not just the owner, so the person/s who legally own/s the property. Sometimes it just says "Owner" so the seller has some privacy.
SELLER LICENSED: If the seller is a real estate broker, he or she may have an unfair advantage when selling the property, so they must disclose to the potential buyer that they have a license to work in real estate.
TERMS: How the property can be purchased, such as with cash, a conventional loan, or an FHA or VA loan. Some properties that have been foreclosed are in such bad shape that they can only be purchased with cash. Also sometimes an owner will provide the financing to make it easier to buy the house, so it will say “owner carry.”
EM DEP and EM HOLDER: How much is required by the seller to show that a buyer is serious about purchasing the property. It is usually around 1 percent. The earnest money holder is the person who holds the deposit between making the office to buy and the closing. At the closing, the buyer’s earnest money counts towards the amount the buyer brings to the closing table.
TITLE CO: The title company is the one who is going to issue the title insurance on the property when it is transferred to the new owner. The seller pays for the insurance so that a “good title” can be given to the new buyer.
That's it for now. Let me know if you have questions about other things you have found on a listing or advertisement for a home.
Tuesday, March 15, 2011
Multiple Listing Service numbers and letters
Hello everyone!! I know it has been a while since I’ve been here. Honestly I’ve been very busy & I have learned a tremendous amount. Today I would like to share with you about the Multiple Listing Service. When a property is being sold by a realtor, it is usually found on a MLS system. The initials stand for Multiple Listing Service. Real estate brokers who belong to the MLS agree to share property information and work together to connect buyers and sellers. They also agree to split a commission for selling the property in an agreed percentage.
Here in Grand Junction, as part of Grand Junction Area Realtors Association, known as GJARA & pronounced “gee-jar-a,” we realtors use the Navica Multi-Listing System. When it is posted on the MLS, each property has its own unique 6-digit number. There are also letters in front of each number and a letter at the end of the number. For example, a complete MLS# could look like this: RR123456A. If you see “RR” in front, it means that the property is a “single family residence.” The “A” after the number means that it is an “active” listing, available for sale. The letters in front of the number should also coordinate with the Mesa County tax assessor classification of how the property is primarily to be used.
Here are some other examples of letters in front of an MLS#:
RC—a single family condominium for sale
RT—a single famiy townhouse for sale
An “M” as the first letter means that it is multi-family property. There can be:
MD—a duplex, or a building that houses 2 separate families
MT—a triplex, or a building that houses 3 separate families
MF—a fourplex, or a building that houses 4 separate families
MA—an apartment that houses more than 4 separate families
MM—a manufactured home park that houses multiple families
Here in Grand Junction, as part of Grand Junction Area Realtors Association, known as GJARA & pronounced “gee-jar-a,” we realtors use the Navica Multi-Listing System. When it is posted on the MLS, each property has its own unique 6-digit number. There are also letters in front of each number and a letter at the end of the number. For example, a complete MLS# could look like this: RR123456A. If you see “RR” in front, it means that the property is a “single family residence.” The “A” after the number means that it is an “active” listing, available for sale. The letters in front of the number should also coordinate with the Mesa County tax assessor classification of how the property is primarily to be used.
Here are some other examples of letters in front of an MLS#:
RC—a single family condominium for sale
RT—a single famiy townhouse for sale
An “M” as the first letter means that it is multi-family property. There can be:
MD—a duplex, or a building that houses 2 separate families
MT—a triplex, or a building that houses 3 separate families
MF—a fourplex, or a building that houses 4 separate families
MA—an apartment that houses more than 4 separate families
MM—a manufactured home park that houses multiple families
An “L” as the first letter means that the property is just land or that the land is the most important part. There can be:
LC—Land zoned for commercial use rather than for families
LD—A lot zoned for a duplex or some kind of multiple-family building
LS—Property that is 0-9.99 acres & is zoned for housing just a single family
LR—Property that is recreational farm or ranch with over 10 acres
There are other letters that can be in front of the number, such as CB for commercial buildings, OA for agriculture, SR for single family rental, and EL for commercial lease.
Here is the list of what the letter at the end of the listing number means:
A—Active, as mentioned previously
M—Under contract-Contingent/Kickout—This means that the buyer may not be able to go through with the contract because of having to sell another property first or not being sure about getting financing
U—Under contract, planning on everything following through & closing on the property
S—Sold, which means there was a closing where the title to the property was transferred from the seller to the buyer
R—Rented or Leased, just as good as sold if this was the goal for the property
W—Withdrawn, usually by the seller, and if this occurs early, something came up to interrupt the selling process
X—Expired, happens when the property has been available for sale as long as the contract specified and it was not sold
D—Deleted, removed from the MLS system, which could have happened for any number of reasons
LC—Land zoned for commercial use rather than for families
LD—A lot zoned for a duplex or some kind of multiple-family building
LS—Property that is 0-9.99 acres & is zoned for housing just a single family
LR—Property that is recreational farm or ranch with over 10 acres
There are other letters that can be in front of the number, such as CB for commercial buildings, OA for agriculture, SR for single family rental, and EL for commercial lease.
Here is the list of what the letter at the end of the listing number means:
A—Active, as mentioned previously
M—Under contract-Contingent/Kickout—This means that the buyer may not be able to go through with the contract because of having to sell another property first or not being sure about getting financing
U—Under contract, planning on everything following through & closing on the property
S—Sold, which means there was a closing where the title to the property was transferred from the seller to the buyer
R—Rented or Leased, just as good as sold if this was the goal for the property
W—Withdrawn, usually by the seller, and if this occurs early, something came up to interrupt the selling process
X—Expired, happens when the property has been available for sale as long as the contract specified and it was not sold
D—Deleted, removed from the MLS system, which could have happened for any number of reasons
That's it for today. I plan to share more later. I hope you are doing fine.
Monday, February 28, 2011
News from My Week
This week I met with two title companies. I met with Land Title Guarantee Company and Fidelity National Title Company. Both companies are great and the people are awesome.
And on Friday, February 25th, Bray Real Estate had a luncheon to celebrate its 65th year. That was amazing. W.R. Bray, the son of Sherman and Roxie Bray, was there. His parents started Bray and Company in 1946. Robert, their grandson, presided over the 2010 Sales Achievement Awards, which were also a part of the luncheon.
I'm happy to be affiliated with Bray Real Estate. Our mission statement is: "To be the premier provider of comprehensive real estate services on the Western slope. Our success will be measured in the achievement of our customers' and clients' objectives, satisfaction and continued trust." Impressive, isn't it? It's great to be settling in at Bray.
And on Friday, February 25th, Bray Real Estate had a luncheon to celebrate its 65th year. That was amazing. W.R. Bray, the son of Sherman and Roxie Bray, was there. His parents started Bray and Company in 1946. Robert, their grandson, presided over the 2010 Sales Achievement Awards, which were also a part of the luncheon.
I'm happy to be affiliated with Bray Real Estate. Our mission statement is: "To be the premier provider of comprehensive real estate services on the Western slope. Our success will be measured in the achievement of our customers' and clients' objectives, satisfaction and continued trust." Impressive, isn't it? It's great to be settling in at Bray.
Thursday, February 17, 2011
Leases and When to Give Notice
My life has been very busy. Since getting my license. I have been meeting with Paul Zurek, the Bray Office Manager, and I have a mentor. She is Vonnie Folkers, a Colorado real estate broker at Bray Real Estate. She has been a big help in helping me see how things work "in the real world."
Moving on to our real estate talk, let's discuss leases in Colorado. A lease is an agreement between a landlord/owner/lessor (whatever word you want to use) and a tenant/renter/lessee (again, whatever word you want to use). Because of the statute of frauds, a lease for longer than one year has to be in writing to be effective. However, it's always best to get a written lease because the written paper reminds people what the arrangements are.
There are four kinds of leases. There is a lease called a "tenancy for years." It's a lease for a definite time period, which could be for 1 day, 6 weeks, 4 months, 1 year, or 50 years. Because it's clear when the lease ends, no one needs to "give notice" unless he/she wants to change the length of time.
Another kind of lease is called a "periodic tenancy." This is a lease that is for a time that constantly renews. If it's a weekly or monthly lease, it continues until either the landlord or tenant gives the other party notice that he/she doesn't want it to continue. For this change, it needs to be written notice and here are some guidelines according to Colorado statutes 13-40-107:
1 year, or longer, lease—3 months notice
6 months up to 1 year lease—1 month notice
1 month up to 6 months lease—10 days
1 week up to 1 month lease—3 days
There's also "tenancy at will," which is when a landlord and tenant have an informal arrangement that exists until one party isn't interested any more or some event takes place. For example, this could happen when a property is for sale and the agreement exists until it is sold. Only 3 days notice is needed in a tenancy at will. That isn't much notice, but often the people involved know what's going on before the official notice is needed. These are friendly leases.
Finally, there is also something called "tenancy at sufferance." This happens when the tenant stays after a lease has ended. The landlord can decide to renew the lease, accept rent and/or change the rental terms, or evict the tenant. For eviction, the landlord needs to give notice. Obviously the tenant wouldn't give an eviction notice.
Now we've talked about leases expiring and the tenant getting evicted. Two other ways to end a lease are "surrender and acceptance," which is when both the landlord and tenant agree to end the arrangement, and "breach of conditions," which is when either the landlord or the tenant agreed to do certain things and it just didn't happen. Depending on what happened, the wronged party may walk away from the lease.
If you need other information, there is information at the Colorado Division of Housing.
Moving on to our real estate talk, let's discuss leases in Colorado. A lease is an agreement between a landlord/owner/lessor (whatever word you want to use) and a tenant/renter/lessee (again, whatever word you want to use). Because of the statute of frauds, a lease for longer than one year has to be in writing to be effective. However, it's always best to get a written lease because the written paper reminds people what the arrangements are.
There are four kinds of leases. There is a lease called a "tenancy for years." It's a lease for a definite time period, which could be for 1 day, 6 weeks, 4 months, 1 year, or 50 years. Because it's clear when the lease ends, no one needs to "give notice" unless he/she wants to change the length of time.
Another kind of lease is called a "periodic tenancy." This is a lease that is for a time that constantly renews. If it's a weekly or monthly lease, it continues until either the landlord or tenant gives the other party notice that he/she doesn't want it to continue. For this change, it needs to be written notice and here are some guidelines according to Colorado statutes 13-40-107:
1 year, or longer, lease—3 months notice
6 months up to 1 year lease—1 month notice
1 month up to 6 months lease—10 days
1 week up to 1 month lease—3 days
There's also "tenancy at will," which is when a landlord and tenant have an informal arrangement that exists until one party isn't interested any more or some event takes place. For example, this could happen when a property is for sale and the agreement exists until it is sold. Only 3 days notice is needed in a tenancy at will. That isn't much notice, but often the people involved know what's going on before the official notice is needed. These are friendly leases.
Finally, there is also something called "tenancy at sufferance." This happens when the tenant stays after a lease has ended. The landlord can decide to renew the lease, accept rent and/or change the rental terms, or evict the tenant. For eviction, the landlord needs to give notice. Obviously the tenant wouldn't give an eviction notice.
Now we've talked about leases expiring and the tenant getting evicted. Two other ways to end a lease are "surrender and acceptance," which is when both the landlord and tenant agree to end the arrangement, and "breach of conditions," which is when either the landlord or the tenant agreed to do certain things and it just didn't happen. Depending on what happened, the wronged party may walk away from the lease.
If you need other information, there is information at the Colorado Division of Housing.
Tuesday, February 8, 2011
I Have an Official License & I'll Be Working with Bray Real Estate
I'm back with good news. I checked online at the Colorado Division of Real Estate, and this week I found my name actually listed as a genuine Colorado real estate broker.
Soon I'll get back to using this blog to share real estate information with you, but before that I have a little more good news: I've joined Bray Real Estate in Grand Junction, Colorado. AND I went on my first tour of homes today.
I promise to be back soon with another round of information and explanations.
Soon I'll get back to using this blog to share real estate information with you, but before that I have a little more good news: I've joined Bray Real Estate in Grand Junction, Colorado. AND I went on my first tour of homes today.
I promise to be back soon with another round of information and explanations.
Wednesday, February 2, 2011
Passed My Tests & Applied For My License
Hi again, I've been gone for about a month because I've been studying and I took the final exam for the online real estate class. I went to Denver and took it there. I also had to bring in all those binders I got in October and show that I had done the work in them. I passed both the exam and the entire class.
After that I studied and took the official national and state tests required by the Colorado Real Estate Commission. By the way, I passed those, too. What a relief!
Now I have sent in my real estate license application along with the requested fee. I'm waiting for them to issue my official license. Then I'm in business as a broker associate. I'll be working for an employing broker for two years. Exciting things are coming!
After that I studied and took the official national and state tests required by the Colorado Real Estate Commission. By the way, I passed those, too. What a relief!
Now I have sent in my real estate license application along with the requested fee. I'm waiting for them to issue my official license. Then I'm in business as a broker associate. I'll be working for an employing broker for two years. Exciting things are coming!
Sunday, January 2, 2011
Water in Colorado
Hello, readers, I'm back! I've had a couple of family issues going on that have kept me busy. Around all that, I have still been studying like crazy.
One of the topics that I have been studying that is complicated in real estate is water rights. Everybody needs water, but not everyone can own water. And, certainly in Colorado, people cannot do whatever they want with water.
A long time ago, when Colorado became a state in 1876, the founders placed water issues directly into their state Constitution. If you want to see, there is a copy of the Colorado Constitution held in the archives. If you look on page 42, you will see Article 16, Section 5 states: "The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided."
What this means is that the State of Colorado governs the use of water in the state. Section 5 essentially states that any water not already claimed and being used, was owned by the public and the state would make decisions about it. The next section, Section 6, states that if someone wants to use unclaimed water for beneficial reasons, there is a priority about that use. When there isn't enough water for all uses, domestic use has first priority. After that, agricultural use is second, and manufacturing use is third and last.
This makes good sense, as long as farmland isn't condemned and replaced by subdivisions, making us lose too much of our food source. However, it seems that the court cases since then have been interested in paying farmers for their water rights.
In the constitution, Sections 7 & 8 cover the "right of way" across land for constructing waterways for those mentioned uses, and establishing rates for water use. Obviously lots of tweaking has occurred with water rights since 1876, but the state still has a tight hold on water. Since the public owns the water, people only get the right to USE the water and only if it's for an ACCEPTABLE USE. Also there is a "pecking order" of who gets to use water, like from a river, before other people get to use it.
This means that in order to do something like build a water fountain in your backyard, unless you want to use your domestic, drinkable water, lots of issues would need to be addressed first. You would definitely need a permit. Whether or not you could get a permit would depend on if you were disturbing a shallow water table beneath your yard, if you even have the right to store water, if you would be "impounding water" (like a dam) above the ground's surface, where you would get the water for filling the fountain, etc.
In another example, let's say you wanted to buy a house with a plot of land or a farm with some acreage. You'd need to make sure you understand where the potable, or drinkable, water comes from. If you are interested in real estate, make sure you notice on the listing contract, the sales contract, and/or the seller's property disclosure information about the water source. The drinkable water could come from a well, a company or municipality, or neither, in which case the water source has to be mentioned. For example, it could be a cistern that you need to refill by hauling water in a tank with a truck. If other water is needed for animals, gardens, or fields, it is important to find out if stocks are needed to purchase the use of that water, whether it comes canals or ditches, and whether using that water involves an additional purchase and real estate deed. Water doesn't automatically go with the land; it's treated as a separate transaction.
There are two more things I want to share with you. The first is that the Colorado Division of Water Resources has a lot more information. It is also the "Office of the State Engineer" that "administers water rights, issues water well permits, represents Colorado in interstate water compact proceedings, monitors stream flow and water use, approves construction and repair of dams and performs dam safety inspections, issues licenses for well drillers and assures the safe and proper construction of water wells, and maintains numerous databases of Colorado water information."
The second thing is that there are attorneys in Colorado who specialize in water rights and uses. If you are buying land that needs irrigation or has a well, you might want to get help with it. If you go to the Colorado State Bar Association directory and look up "Water Law," attorneys are listed.
You may find it easiest to have someone who's specialized in learning about these things help you, like a Grand Junction broker!
One of the topics that I have been studying that is complicated in real estate is water rights. Everybody needs water, but not everyone can own water. And, certainly in Colorado, people cannot do whatever they want with water.
A long time ago, when Colorado became a state in 1876, the founders placed water issues directly into their state Constitution. If you want to see, there is a copy of the Colorado Constitution held in the archives. If you look on page 42, you will see Article 16, Section 5 states: "The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided."
What this means is that the State of Colorado governs the use of water in the state. Section 5 essentially states that any water not already claimed and being used, was owned by the public and the state would make decisions about it. The next section, Section 6, states that if someone wants to use unclaimed water for beneficial reasons, there is a priority about that use. When there isn't enough water for all uses, domestic use has first priority. After that, agricultural use is second, and manufacturing use is third and last.
This makes good sense, as long as farmland isn't condemned and replaced by subdivisions, making us lose too much of our food source. However, it seems that the court cases since then have been interested in paying farmers for their water rights.
In the constitution, Sections 7 & 8 cover the "right of way" across land for constructing waterways for those mentioned uses, and establishing rates for water use. Obviously lots of tweaking has occurred with water rights since 1876, but the state still has a tight hold on water. Since the public owns the water, people only get the right to USE the water and only if it's for an ACCEPTABLE USE. Also there is a "pecking order" of who gets to use water, like from a river, before other people get to use it.
This means that in order to do something like build a water fountain in your backyard, unless you want to use your domestic, drinkable water, lots of issues would need to be addressed first. You would definitely need a permit. Whether or not you could get a permit would depend on if you were disturbing a shallow water table beneath your yard, if you even have the right to store water, if you would be "impounding water" (like a dam) above the ground's surface, where you would get the water for filling the fountain, etc.
In another example, let's say you wanted to buy a house with a plot of land or a farm with some acreage. You'd need to make sure you understand where the potable, or drinkable, water comes from. If you are interested in real estate, make sure you notice on the listing contract, the sales contract, and/or the seller's property disclosure information about the water source. The drinkable water could come from a well, a company or municipality, or neither, in which case the water source has to be mentioned. For example, it could be a cistern that you need to refill by hauling water in a tank with a truck. If other water is needed for animals, gardens, or fields, it is important to find out if stocks are needed to purchase the use of that water, whether it comes canals or ditches, and whether using that water involves an additional purchase and real estate deed. Water doesn't automatically go with the land; it's treated as a separate transaction.
There are two more things I want to share with you. The first is that the Colorado Division of Water Resources has a lot more information. It is also the "Office of the State Engineer" that "administers water rights, issues water well permits, represents Colorado in interstate water compact proceedings, monitors stream flow and water use, approves construction and repair of dams and performs dam safety inspections, issues licenses for well drillers and assures the safe and proper construction of water wells, and maintains numerous databases of Colorado water information."
The second thing is that there are attorneys in Colorado who specialize in water rights and uses. If you are buying land that needs irrigation or has a well, you might want to get help with it. If you go to the Colorado State Bar Association directory and look up "Water Law," attorneys are listed.
You may find it easiest to have someone who's specialized in learning about these things help you, like a Grand Junction broker!
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