Expert: liznarr - 10/4/2011

Question
I'd like to know if there is such a thing as a 'right of first refusal' on an adjacent property that one might file with the county.
A parcel between our house and the creek is not build-able, as it couldn't handle a septic system, being so close to the creek. It is valued at just $9500 with the county because of this. The owner lives in L.A. - we're way up north in the woods. That property has great sunlight and we would like to have it, or have permission to use it, for a vegetable garden and are wondering what is the best way to proceed.

Answer
Hi Tom,
First, I apologize for the delay in responding to your question.  All Experts notified me that yours was pending, and I must have somehow missed it when it first came in.

Granting a first right of refusal would involve a Contract, a legal document between two parties (in your case, you and the owner of the property).  There is no way I know of to simply file something with the county.

You should contact the owner of this property directly if you are interested in trying to obtain a first right of refusal.

If your home (adjacent to the property in question) is your principal residence and/or you plan to keep this home for a number of years to come, it would be a logical thing to do to purchase the adjacent property to increase your property value with the additional land as a privacy buffer…if the owner is willing to sell.  I am not familiar with the California market, but in my area it is still very much a buyer’s market.  

Depending on the motivation of the owner, if he/she is interested in selling in a depressed market and/or might need the money, this could be good timing for you.

Before contacting the owner, do more homework.  Find out if any other properties in the area have sold so you can get a better idea of a realistic fair market value of the land.  Again, I’m not sure about California, but in my area, County assessments of property are generally lower than actual fair market value.  At any rate, you would want to be prepared to accept, decline, or negotiate any offer by the owner of the property should he/she be willing to sell.

If the owner is not interested in selling, a first right of refusal is a viable option for you.  You would need to contact an attorney in your area to draw up this document to ensure that it is in proper form and protects you.

If the owner is not willing to grant you a first right of refusal, perhaps he would be willing to grant you an easement for your purposes.  An attorney would also need to draw up this document for you.

As additional information for you, here are a couple links to a company that makes alternative septic systems:

http://www.alternativesepticsolutions.com/about.html
http://www.septicsystem.com/brands/ecological-tanks.html

Alternative septic systems are those which are designed specifically for land that otherwise will not qualify for a septic system.  They are expensive, but in the case of any waterfront property which is normally more valuable than a lot not fronting any type of water, the expense could pay off later if the property is ever sold.  If the Aqua Safe system I’m referring to (and there may also be others) is approved by California DHEC and/or the county in which this property is located, here’s your answer to a septic system if you are able to purchase this property and should you decide later to sell.  

In my opinion, this system is the best-kept secret in the real estate business.  Very few agents in my area, as well as property owners, are even aware of this system—much less the fact that it is an approved system.  You can use this information to your advantage when and if you negotiate a purchase of this adjacent land (if California DHEC has approved the Aqua Safe system as an alternative septic system).

I also have a pdf brochure on the Aqua System.  I was unable to locate a pdf brochure online to refer you to, but if you are interested in seeing the brochure I have, please send me your email address through the All Experts’ system and I will email it to you.

If the owner of this adjacent property is aware that the property is not suitable for a (standard) septic system and is therefore not buildable, since you would be negotiating on your own behalf and not representing the owner, you would be under no obligation to divulge the information of any approved, alternative system to the owner.  This is simply where knowledge is king.  The owner, on the other hand, by law is required to inform you of all “defects” of the property that he/she is aware of.

I hope the above information is all helpful to you.  Good luck to you, and please feel free to write again if you have additional questions.

Regards,
Elizabeth