BLM Road Access When the BLM Wanted No Part of It

While this situation didn't really have a negative impact on my buyer at the time, documenting the details could help her to avoid a problem in the future.  In Taos Canyon, there are small stretches along the highway where BLM land extends down from the ridges to touch the main highway.  In this case, my client was buying land that had road access across about 100 feet of BLM land, a narrow strip right at the road.

As soon as I noticed this in the survey, I asked if the seller had a permit to cross this land, and was told that they didn't even know that it was BLM land.  Even more interesting, a trip to the BLM office turned up the same answer:  "we don't have a road in that area."  I pressed the issue and one of their people took a trip out there to investigate.  We traded emails, and he did state that indeed they did own this strip of land, but had not constructed the road, wanted no part of maintaining it, and didn't have an interest in monitoring or regulating use of this small piece of road.  He called me to tell me this, but I requested follow-up in writing.  He did so, and I have all of this documented in the file and in the records given to my client.  If the issue comes up later, she'll be the only person out of dozens of owners up that road with this record of BLM statements.  This may never come up, but if it does, see the next story.

Changes In County Government - Taos Real Estate Permit Problem

While I believe that years of problems at county level related to Taos real estate property development in the Deer Mesa area of Valdez are finally resolved, that wasn't the case three years ago when my client purchased land there.  Because of the way it was originally subdivided many years ago, there have been ongoing issues and disputes related to lots in this beautiful area.  Lawsuits have been involved, and purchases there required careful research.

Though the seller of this parcel had a letter from the County Attorney, it was two years old.  While the same person was still holding that position, we required as a contingency of the purchase that the seller get a new letter reflecting the ability of the buyer to get a building permit in the current situation.  The attorney provided an updated letter.

Eight months later, when my Taos real estate client applied for a building permit, a new person held the County Attorney position, and he immediately declared the entire area as an illegal subdivision, stating that no building permits would be issued until compliance with current subdivision regulations.   I showed our letter to the current attorney, but we were told that the new rules would apply, and no building permit would be issued.

My buyer hired a local Taos real estate attorney, and he immediately asked me if I had anything in writing that stated that my buyer based their final purchase decision on the ability to get a building permit and the letter we received.  I'm paranoid, and my clients usually like that fact.  In receipt of the new letter, I had forwarded it to my client with the statement that we could now go forward with the purchase, as our main criteria of getting a building permit had been satisfied.  The county never came to court, as my client's attorney adequately proved that the buyer had a right to expect government documents to be binding, and that the decision to purchase was based on this expectation.

This Taos real estate buyer got their building permit.

However, if your access into Taos real estate property is across BLM or other government land, pay attention to whether there is a valid permit to use that access, and if there are any costs associated with it.  This story is about an out-of-state buyer who worked with me in trying to purchase a stunning parcel of land, only to walk away from a deal after the price was agreed upon.  It was all about access across about 300 feet of BLM land on an un-maintained dirt road.

This Taos real estate acreage met all of my buyer's requirements, with trees and magnificent rock formations.  We also had expectations of cutting a pretty good deal, as it had been on the market for more than 400 days when we made the offer.  A price was agreed upon quickly and the purchase agreement accepted by both parties with the normal contingencies.

What became apparent rather quickly was that new environmental rules were going to be a problem.  Normally, the BLM will grant a permit to cross land to allow a property owner access.  If the road is one that's maintained, there may be terms in the permit that allow the BLM to bill the land owner if the road is damaged by their access, but that's usually not a problem either for Taos real estate residential use.

The problem in this case involved the fact that the seller had not asked for this permit before the property was listed.  In that 400+ day interim while on the market, the rules changed.  Now, that two day no-cost process had become one of many months and several thousand dollars.  New environmental studies were required to make sure that using that dirt track road would not damage the environment or animals and vegetation.

It was unfortunate, as this Taos real estate buyer did not want to wait, and moved on to buy another property.  If you're considering a property bordered by government land, that value plus can become a negative if access across that land is required.  Use a thorough Taos real estate buyer broker for your transaction.

In Taos real estate buyer brokerage, I consider one of the most important parts of my job to be thorough in the gathering of information and documents, along with a careful look at things like surveys, title binders and easements.  In doing so, any problems with assured and insurable legal access to the property should be discovered and corrected, or maybe the deal shouldn't be closed.

One Taos real estate example that really didn't impact my buyer client that dramatically, does illustrate how some property owners could have a problem later due to the only access road having no easements recorded.  My client purchased some acreage up a road that began at the main state highway, crossed about 100 feet of BLM land, then meandered up into the mountains.  There were at least a dozen other homes and vacant land properties higher on this road than the property my client was buying.

While the issue of the 100 feet of government land crossed is the subject of another post, this is about her neighbors up the hill.  There were no recorded easements or road maintenance agreements to be found in county records related to any of this Taos real estate.  The road had some hairpin curves to gain altitude, and one of these caused about 60 feet of the road to be inside the property my client purchased.  Another curve crossed the corner of a property higher up the road with a permanent resident.  He had placed a gate across the road, though it wasn't locked at times I was there.

While New Mexico law doesn't normally support any action that tries to adversely impact real estate by cutting off access and making a property "land-locked," it doesn't mean that either of these owners can't cause their neighbors up the hill problems and expense in getting a gate removed or unlocked for them to access their properties.  By not having recorded easements, the Taos real estate title insurer will normally avoid any coverage that insures access, and court costs to fight the blocking of the road would not be covered.

It's very important for the buyer broker and the buyer to carefully examine roads and access on surveys to determine any crossing of property owned by others, and to verify that there is an easement recorded that assures this access is legal and not going to end up in a Taos real estate access dispute.

Sagebrush - Much of the Town of Taos and areas close to town is flat with sagebrush land cover.  This doesn't mean that there aren't trees, but they're mostly planted and in areas that have been residential for many years.  Trees grow well in the soil, just needing irrigation to take hold.  Sagebrush covered areas can be at elevations from 6000 to more than 8000 feet, depending on the Taos real estate MLS area.

Pinon Pine & Juniper - As you climb a bit in Taos real estate areas close to town, you begin to reach mountainside land cover consisting of pinion and juniper trees.  These are generally under 20 feet in height, but they are a beautiful landscape and provide more privacy for homes situated among these trees.  You can find this type of ground cover in many areas of the Taos real estate market and at many elevations.

Forested - In Taos Canyon, around ski areas, and in other areas of the Taos real estate market, there are beautiful alpine forests.  Trees are everything from pines and spruce to aspen and others.  Fall colors are generally aspens, and yellow to orange in color.  One of the most interesting things about the area is the fact that you can enter Taos Canyon from the town and almost immediately go from flat sagebrush to alpine forests in the first mile or so.

Valley Land - In many areas of the Taos real estate market, you'll find rivers and streams with agricultural land and pastures.  Much of the water is lined with large cottonwood trees.

Now you have a better picture of the highly varied land cover that makes living in the Taos real estate market such a treat.  More at:  [intlink id="1729" type="post" /]

The climate is "high desert," with intense sun exposure.  For this reason, cold temperatures are much more bearable than in climates with higher humidity.  This is true from the sagebrush mesas to the alpine forests in the Taos real estate market.  However, this altitude spread does make a difference in snowfall and in how the snow accumulates and melts.

Weather reports will frequently say something like "4 inches under 7500 feet, and 8 inches above 8000 feet."  Elevations change for these predictions, but you can see that the Town of Taos, at 7000 feet will get much less snow than many of the Taos real estate MLS areas at higher elevations.  Also, the flat and open nature of the Town of Taos terrain, coupled with the intense sun, means that the snow melts quickly, and roads are clear of snow sooner than in higher areas of the Taos real estate MLS.

While most visitors from near sea level areas of the country will experience an acclimation period to become comfortable with the higher elevations, they generally are fine in a couple of weeks.  If considering purchasing a home or land in the Taos real estate market, and you have problems with high altitudes, be cognizant of the fact that you can drive up Taos Canyon from town and climb 2000+ feet in just 10 miles.  More info at:  [intlink id="134" type="post" /]

If we have decent snowfall, and if you have a large holding tank, you should be able to collect most of what you need if you're frugal with the water.  There are also water haulers that can bring you a load, but I'm not sure what the cost is now.  There are rarely wells involved, as the location of many of these homes is where water is extremely deep.  Also, there just isn't enough power from solar battery systems to run the pump required to bring up the water.

One notable exception is Cielito Lindo, where they have a community well with an extensive solar array to power the pump.  The last time I was out there, they also had a trailer that the residents could fill at the well to take the water back to their homes.

photo credit: Unhindered by Talent

• Whether there has been a survey within the last 10 years or so.
• The negotiations of the buyer and seller, as the cost is very different.
• If there are issues that concern the title insurer and might require a full survey.

As an ILR is normally a few hundred dollars, while a survey is a few thousand, the seller normally wants only the ILR performed. This is completely acceptable if the title company will remove any survey-related objections in their title binder based on the ILR. The vast majority of deals in the Taos real estate market require only an ILR.

There is also a large difference in the time frames required. An ILR can be done usually in a week or two, while a full survey can take months. This is not a desirable situation for buyer or seller in most cases. You'll also note that there is a disclaimer on the ILR that states that it is not a "survey" and not to be used as such by the property owner. The ILR is prepared solely for the title company to aid in their issuance of title insurance. It carries less liability and work for the surveyor, thus the lower cost.

1. Other than building codes, there are few County or Town appearance or style restrictions. Those are normally in the historic areas in order to maintain the character of the town.

2. Subdivisions with homogeneous covenants are becoming more common.

3. The vast majority of covenants and restrictions are in deeds on individual parcels.

4. In general, restrictions on the use of Taos real estate or on construction style are not onerous. The most common is for pueblo style one story. This preserves area character as well as views.

5. Some subdivisions require submission of building plans for approval. Again, criteria are usually reasonable and not a problem for owners,

In the purchase process, Buyers are encouraged to thoroughly review all covenants and restriction documents. Your real estate broker should go over them with you, and get any questions answered promptly.

Gallery Realty of Taos wants your Taos real estate experience to be a good one. We diligently work for our buyers and sellers to provide a seamless closing. Access and easements are an important part of the process.

• At lot - line or transformer is at one of the lot lines.
• Nearby - very open to interpretation, could be across the road or 1/4 mile away.
• None - utilities far enough away to be an issue, or no easements available to bring them.

The best search to locate land is to not limit it to utilities at the lot. As a matter of caution, when they are on the other side of the road, many agents will use the "nearby" category.