Concerns to watch out for when purchasing land for hunting

[MidCoast]

I am thinking about purchasing land to hunt on in MN.  How concern should I be about Adverse Possession?  As I am a buyer coming in to make a purchase and I am not really sure about the history of the land and whether or not the neighbors had permission to use the land for sale in the past or not.  

[delcecchi]

Sounds like you need a discussion with a broker familiar with the area, and perhaps a lawyer once you find a parcel you are serious about, if you have a concern.  I would think that inspecting the land should turn up any instance of someone else using it.  

Also the seller would, I think, have a duty to disclose any such thing.  

[leechlake]

I think Tom or another lawyer can help you.  Logically I'd think check the past title and see who bought the land in the past and give those people a phone call and simply ask them.  While that isn't an end all, if someone waffles or says "yes" that they had hunting rights included in the sale then you know you need to address it.  Frankly, that's the job of the broker so you don't have to do it, unless you want to.

Have fun with your new "toy"

[ClownColor]

Title insurance.

[NWKR]

Broker/title company/lawyer should all be involved and get you an idea of possible issues. I would be concerned about easements, logging roads, atv trails, fence lines both maintained or unmaintained. Always get a survey and walk the borders yourself and see how it compared to aerial image from google earth or other satellite images the sellers might show you. I have heard people say they don't want a survey since it costs too much, silly when they are spending 10ks or 100ks on the land. 

I would also try to find out about the existing neighbors by going out and talking to them. See where they have deer stands and where the existing deer stands are on the property you are buying. What kind of hunting they do and how many hunters they have. If you are a non-resident to the area (1+ hour away) you want to make some friends locally that will watch the place. Might need to give some hunting permission but it is good insurance. Can also be good to know some people in case you end up going in the ditch, getting vehicle stuck, etc. in a new area. 

[MidCoast]

1 hour ago, NWKR said:

Broker/title company/lawyer should all be involved and get you an idea of possible issues. I would be concerned about easements, logging roads, atv trails, fence lines both maintained or unmaintained. Always get a survey and walk the borders yourself and see how it compared to aerial image from google earth or other satellite images the sellers might show you. I have heard people say they don't want a survey since it costs too much, silly when they are spending 10ks or 100ks on the land. 

I would also try to find out about the existing neighbors by going out and talking to them. See where they have deer stands and where the existing deer stands are on the property you are buying. What kind of hunting they do and how many hunters they have. If you are a non-resident to the area (1+ hour away) you want to make some friends locally that will watch the place. Might need to give some hunting permission but it is good insurance. Can also be good to know some people in case you end up going in the ditch, getting vehicle stuck, etc. in a new area. 

Thank you all for all of your replies.

What if a survey was done and it showed that the permanent deer stand and atv trails the neighbor maintained was part of the property for sale?  Would this be a red flag to stay away from such property?

[Tom7227]

The concept of adverse possession is complicated and I believe covered by statute.  Don't even try to understand it.  You have a lot to consider before you even get to that point.  Once you are prepared to make an offer talk to a lawyer who specializes in real estate in the area you are buying.  I mean within 30-50 miles max away from the property.

There are a lot of things to consider.  How is the land zoned.  How is it taxed.  Is it buildable?  Does it have any water or wetlands?  How far away is power?  Meet with adjacent property owners to see if you can get along with them.  Can it pass a perk test for a septic system?  Can you get potable water there?  What terms can you find if you need to take out a loan?  Are you buying it alone or with others - and with others talk to the lawyer about forming some sort of structure to deal with the multitude of problems that come up with such arrangements.

I suspect there are more issues.

[Ufatz]

Listen to Tom.  Then go find a real estate broker and throw all these questions-and more- at him or her. You have learned all you are going to learn here. Now go do it right.

[Pat K]

17 hours ago, MidCoast said:

Thank you all for all of your replies.

What if a survey was done and it showed that the permanent deer stand and atv trails the neighbor maintained was part of the property for sale?  Would this be a red flag to stay away from such property?

I would talk to this neighbor before making any serious offer on the land. They may be friendly and reasonable or they may think they've been doing it this way for years and property boundaries don't matter.

If I felt there was going to be the type of dispute that would fester for years, with no resolution, no matter who is right or wrong, I would walk away rather than put up with the b.s. 

[leechlake]

I think you have your answers so a real life story may help, anything can happen.

We've hunted an area of tax forfeit land for forever.  There is a 40 adjacent that I have permission to hunt and finally just asked the guy for written permission since he doesn't live in the area, no problem.  There was another 40 owned by potlatch and it was free to hunt, never in their lease program and actually most of these years was before the lease program even existed by potlatch.

A relative of the landwowner I have written permission bought the Potlatch 40 and suddenly he thought he owned 80 acres, his new 40 and the out of state relatives land too.  In this case we had a happy ending because my dad has been up there since 1952 and we have local connections and friends and once they guy was contacted he was actually a reasonable guy.

My fear for all new landowners is shoveling out hundreds of thousands, prepping stands, food plots, working hard and opening day it's all ruined by someone with the "we've always hunted here" line.  That would be a bitter pill to swallow.  You probably don't turn in the neighbor and start a war so your screwed.

[luckey]

Some very good suggestions here.  The legal ones can be sorted out boundaries, trails easements, etc.  I like talking with all neighbors.  Not a good scene when opening day has a solid line of hunters on your boarder.  Believe me nothing can ruin the enjoyment of a nice piece of property like a bunch of hooligan neighbors that don't give a good dam about anyone else, have no respect for the law or other peoples rights.  Start the dialogue early and often.  Make your views known (what you expect of them and what they can expect of you).  Acknowledge that things will be different but hopefully things will be better for all. 

Good Luck on your venture