Buying
a home on waterfront can be much more complicated than purchasing a home
in a development. Spending
the extra time upfront to become informed can save the buyer many
dollars and heartache. The
Seller is responsible for providing a property disclosure form that
answers all pertinent information known to the Seller.
But is that enough? Maybe
they don’t know all there is to know, maybe they were mis-informed,
and they may not know all of the intended uses and expectations that you
have of the property.
Where to Start…
Review the Title Report
If a copy has not been ordered
yet, make your offer subject to your review and approval of the title
within a reasonable amount of time.
Be sure to ask for all referenced attachments (often indicated by
a recording number). If you have questions, contact the Title Officer who’s name
appears on the report.
Conditions, Covenants & Restrictions
(CC&R’s)
Platted communities always
have these attached to the land; but often they exist on waterfront
community parcels, as well. Ask
if there are any and how actively they are enforced.
Talk and Drive
Talk to the neighbors and
drive the surrounding area. Neighbors
often are willing to talk about the neighborhood.
Ask about the seasonal changes that the shoreline undergoes,
especially in the fall and winter.
Drive the area – take notice of the 4-foot high white signs
advising of changes in a proposed land use designation.
Next Step…
Visit the County
If the property is located in
King County, visit the County’s web site for preliminary information.
A good site is www.metrokc.gov/ddes/.
Or visit in person. In
King County it is the Department of Development and Environmental
Services (DDES) in Renton (206-296-6600).
Ask to meet with a technician who will walk you through every
aspect of the property.
Zoning
Do not rely on the Sellers or
their Real Estate agent to be completely informed.
The County is the best authority on the matter.
Ask if there is an application for a re-zone; a new subdivision
or a variance in the neighborhood.
Ask about the Comprehensive plan designations, which can tell you
how the area plans to grow and how it will affect your property.
Environmental Concerns and Restrictions
Be sure you understand all the
abbreviations listed on the Site Plan; i.e. NPGA means Native Growth
Protective Area and will have setback requirements.
Even though you may not be planning on changing anything, it’s
important to fully understand the potential and restrictions on the
property in case you change your mind in the future.
Expansion
If you are planning to expand
beyond the existing “footprint” of the home, or building additional
structures, find out what restrictions the land has; i.e., well
setbacks, steep slopes, protective areas setbacks, wetlands, height
restrictions, etc.
Clearing for a View
Typically on steeper sites,
there is potential for gaining a view or improving on an existing one.
If your slope falls into a sensitive areas act (slopes greater
than 45 degrees), there may be conditions you must meet when cutting or
removing trees. The fines,
if violated, are significant, so check first.
Wet or Dry
If you are buying in the
summer months, beware! Wetlands
can masquerade as nice dry grass and can be difficult to spot.
Clues to a wetland include standing water, specific wetland
plants, dark organic soil, slow percolating soil.
It may not be mapped on the County maps as a wetland, but may be
classified as such when you go to get a permit for an addition or extra
building you are going to add. If
your land does contain wetlands, it doesn’t mean you can’t do
anything, but you may have to adhere to conditions that cost more or may
make that addition less feasible; i.e. setbacks of 25-100 ft.
Access to the Property
What kind of access does the
property have? Is there
more than one? If the road
to the property is narrow or steep, making it difficult for a fire truck
to reach the house, you may be required to install ceiling sprinkler
system to any remodeling plans you have.
Also, does the existing structure have a ceiling sprinkler
system?
Make sure you have legal and recorded access regarding easements
if you are crossing over someone’s property(s).
This information should be recorded on the title.
If several property owners use the same access road, is there a
current road maintenance agreement and how well is it enforced?
While you may not be concerned, your lender may make it a
requirement of closing. Knowing
ahead of time, will save time at closing.
Building a Dock, Jet Ski Lift, or
Bulkhead
Any of these enhancements
require lots of questions. Docks require special permits.
Check with the County and shoreline regulations to find out if
one will be permitted. Just
because one exists now, do not automatically assume you can upgrade or
improve the existing one. The
Endangered Species Act has added new regulations and the State
Regulatory Act will not be in effect until the year 2000.
It’s best to consult with the County as to the feasibility of
having a dock. Even canopies need to be permitted. If it has not been permitted, it is not part of the real
estate.
Currently a knowledgeable and informed contractor for dock
building is “Waterfront Construction”, Kirkland, WA
425-828-3600.
Seaplanes
Seaplanes may be subject to
new regulations under the Endangered Species Act.
Check the State Environmental Policy Act (SEPA).
Water Rights
While few homes use lake water
as their main source anymore, some properties have maintained the right
to pump lake water for irrigation.
This can greatly reduce your water bill in the summer.
Septic System
Most properties on Lake
Sammamish are now on sewer. If
you find one that isn’t, check with the Seattle-King County Department
of Public Health, 206-296-4932, for rules and regulations concerning the
existing system.
Property Lines
One of the most fought after
issues in real estate are property lines.
Homes on larger parcels often have unclear boundary lines.
Existing fences are not always on the property lines and one
should never rely on the Seller identifying property lines, unless they
are pointing to survey stakes in the ground.
One could ask the Seller to provide a survey as a condition of
sale, especially if they purchased the property without one.
However, surveys are very costly and most Sellers are reluctant
to provide one. You need to
evaluate how important it is to you to know where the property lines are
and negotiate your offer accordingly.
If
there are easements, encroachment issues or anticipated boundary
disputes, it probably is wise to call for a survey or maybe just
identify one or two lines.
If
setbacks for additions are a concern to you, make your offer conditioned
on verifying the likelihood of feasibility.
If
you are making an offer conditioned on an “Extended Title” policy,
then a survey will be required. Again,
the Seller may not be willing to incur the extra expense which can be
several thousand dollars. Ask
your Buyer’s agent or call the title company for advice on whether an
extended title policy is warranted.
Extended
Title covers, in addition to the standard policy:
unrecorded liens, survey and boundary questions, claims of
parties in possession not disclosed by the public record and easements
or claims to easements not disclosed by public records.
For
general questions about title, call Chicago Title at 206-628-5666.
Hazardous Materials
The most common environmental
hazard is underground storage tanks.
If the home is older, where the original heating source was oil,
find out if the tank has been removed or look for indicators, such as a
cut of copper pipe. If
there is still one in existence, you will want the Seller to be
responsible for removing it. The
cost will vary, but most cost about $750-$1000, if there has not been a
leak detected. The tank
should be removed or decommissioned before closing.
Final Consideration
As mentioned in the
beginning, property owners will be offering a “Property Disclosure”
to potential buyers, which is only to the best of their knowledge and
does not warrant anything. Further, they may hold different values on the property’s
features than you do, with totally different uses and visions in mind.
With that in mind and all the other issues discussed, it is to
your advantage to be diligent in pursuing answers to your questions,
observant of the property and totally dedicated to research –
especially if you have plans to modify the property in any way.
I hope this information
will be helpful to you. It
is not all inclusive, so I would be pleased to discuss your ideas and
concerns for any waterfront property you may be interested in.
