Buying Land in the U.S. - The Perils of a Split Estate
by Mia Mona Amore'
If you are looking at buying land in the U.S., be sure you are buying a whole estate and not one that has been split. What is the difference? A whole estate is not only the land, but also everything above, on, and beneath the land. In the early days of land ownership in the U.S., ownership was transferred via purchase and selling, homesteading, land grants, and a several other ways. In those days, ownership of the land included all rights to the land. As the years passed and various resources associated with the land (such as minerals, oil, gas, and later water, timber, and wind) became more valuable, some owners (as well as the government) retained the rights to some of these resources as ownership was transferred. This condition of ownership is referred to as a split estate.
Why is this important today? Well, while you may own the surface of the land your home sits on, someone else may well own the oil and gas rights to it. Someone else may own the mineral, sand and gravel, water, timber, and even wind rights to your land. You may have your dream property and your dream house, but you may also find yourself with an oil or gas well in your front yard - and there's nothing you can legally do about it. You could just as easily have a commercial water operation set up on your land, or any number of wind turbines brightening up your landscape. If someone else owns the timber rights to your land, those beautiful trees you admire every morning, can be clear cut leaving you with an ugly eyesore ripe for some serious erosion with the next heavy rainfall.
One of the real concerns of a split estate is that of oil or gas activity on the land. You air quality is at risk with either, as is your water source, particularly if hydraulic fracturing (fracking) is a part of the operation. As you will see in the movie trailer below, fracking can be totally devastating to your water, your land, your health, even your Life, not to mention your crops and livestock. We strongly encourage you to watch the movie, "Split Estate" to learn more about this dilemma.
If you are buying land in the U.S., be sure you do a thorough search to be sure your purchase includes the oil and gas, mineral, sand and gravel, water, wind, and timber rights to your land. You can employ a real estate agent to act on your behalf, or you can hire an attorney who specializes in real estate to assist you. Sometimes you can make the arrangements to purchase the missing rights to the land from previous owners or lease them back from the government. We would also encourage you to check out the air quality reports for the area and request a water test prior to buying your land. You want to be sure that your water source has not already been contaminated through oil, gas, mining or other operations in the area. Keep in mind that once the water is contaminated, it is always contaminated. The land is no good without water. While there is filtration technology available that will remove the contaminants, you will end up with de-mineralized, unhealthy water and a toxic waste issue to deal with from the contaminants filtered out of the water.
So, if you are thinking of buying land in the U.S., do your research on the property in question first. Research the area for potential environmental concerns that could threaten your air and water quality. Always remember that land ownership is land stewardship. While you may be a good steward of the land, there’s no guarantee the previous owners of the land you want to purchase have been good stewards, too.
When you find your dream piece of property, Protect it well. In these times, there is precious little of Mother Earth left that has not already been raped, pillaged, contaminated, or otherwise harmed. There is only so much land for us to live on and with. If we destroy the ability of the land to provide food, water, shelter, and clothing for ourselves, we will perish. Land ownership is about preserving, improving, and Healing the land for our own benefit and all the generations to come. If you take care of Mother Earth, she will take care of you, too.
Why is this important today? Well, while you may own the surface of the land your home sits on, someone else may well own the oil and gas rights to it. Someone else may own the mineral, sand and gravel, water, timber, and even wind rights to your land. You may have your dream property and your dream house, but you may also find yourself with an oil or gas well in your front yard - and there's nothing you can legally do about it. You could just as easily have a commercial water operation set up on your land, or any number of wind turbines brightening up your landscape. If someone else owns the timber rights to your land, those beautiful trees you admire every morning, can be clear cut leaving you with an ugly eyesore ripe for some serious erosion with the next heavy rainfall.
One of the real concerns of a split estate is that of oil or gas activity on the land. You air quality is at risk with either, as is your water source, particularly if hydraulic fracturing (fracking) is a part of the operation. As you will see in the movie trailer below, fracking can be totally devastating to your water, your land, your health, even your Life, not to mention your crops and livestock. We strongly encourage you to watch the movie, "Split Estate" to learn more about this dilemma.
If you are buying land in the U.S., be sure you do a thorough search to be sure your purchase includes the oil and gas, mineral, sand and gravel, water, wind, and timber rights to your land. You can employ a real estate agent to act on your behalf, or you can hire an attorney who specializes in real estate to assist you. Sometimes you can make the arrangements to purchase the missing rights to the land from previous owners or lease them back from the government. We would also encourage you to check out the air quality reports for the area and request a water test prior to buying your land. You want to be sure that your water source has not already been contaminated through oil, gas, mining or other operations in the area. Keep in mind that once the water is contaminated, it is always contaminated. The land is no good without water. While there is filtration technology available that will remove the contaminants, you will end up with de-mineralized, unhealthy water and a toxic waste issue to deal with from the contaminants filtered out of the water.
So, if you are thinking of buying land in the U.S., do your research on the property in question first. Research the area for potential environmental concerns that could threaten your air and water quality. Always remember that land ownership is land stewardship. While you may be a good steward of the land, there’s no guarantee the previous owners of the land you want to purchase have been good stewards, too.
When you find your dream piece of property, Protect it well. In these times, there is precious little of Mother Earth left that has not already been raped, pillaged, contaminated, or otherwise harmed. There is only so much land for us to live on and with. If we destroy the ability of the land to provide food, water, shelter, and clothing for ourselves, we will perish. Land ownership is about preserving, improving, and Healing the land for our own benefit and all the generations to come. If you take care of Mother Earth, she will take care of you, too.
Video Credit: YouTube user "Debra Anderson" at http://www.youtube.com/watch?v=bvT4PycSAPk
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