Buyers from the city or suburbs often come "up here" with a vague belief that the 'country' is this vast, kind of wild west expanse of unregulated freedom, and sometimes don't think that there might be limits on what they can do with what they're looking to buy. A great part of that stems from the fact that country property is a very different animal in many ways than city or suburban property. If you've never had experience with a septic system (and most city people haven't), it wouldn't even dawn on you that you couldn't put an addition on a little lakefront cottage on a quarter acre lot because the septic might not be expandable. Likewise, if you're looking at a house on 20 acres, there's plenty of room to build a second home for your mother, right?
Not necessarily. There are myriad situations and restrictions in the country that may limit what you can do, or think you can do. And just because you can do something in one situation doesn't mean you can do it in another situation that appears, on the surface at least, similar. The range of situational specifics here in the country makes the patchwork of coop rules in the city (where you can have a 20 pound dog, but not a 30 pound dog, and not if you also have goldfish or a turtle) seem almost sane.
Which is why I spend considerable time listening for intent when I'm out with buyers. Buyers often make comments very casually in passing that indicate intent, based on assumptions they're making that may not be true. One half of a couple may comment, for example, "Yes, the house is small. But if we added a guest house, it would work." Now, in some situations, building a guest house would be possible, but in others it wouldn't. When a statement like that is made in the presence of a real estate agent and goes unchallenged or unqualified, buyers may make the tacit assumption that it's true and that truism gets transferred to other properties and situations.
To stay with the guesthouse example, some lake developments permit guesthouses and some don't. It probably wouldn't even dawn on most potential buyers when looking at a house on 5 acres in lake development (with all that extra land) that they wouldn't be permitted to erect a second living structure, particularly if they'd visited another lake development where it is allowed. If they were being shown the house by a Realtor who didn't have much experience with lake developments, that agent might not think to point out that there might be a restriction.
Here are some of the more common "mistaken assumptions" I hear.
- We can add on to the house. Not always true, particularly in areas close to water (lakes and rivers) or or small parcels with wells and septics, where there may not be sufficient setbacks and separation for a septic expansion.
- We can build a second house for mom. Two full houses (with a kitchen and bath) are often not permitted on a single tax parcel, even if there are 20 or 50 acres. Building a second full home (rather than a small guesthouse, which wouldn't have a kitchen) generally requires subdivision of the parcel.
- We can subdivide off a piece for my brother to build a house. There are various rules that vary by township regarding subdivisions. Not all property can be subdivided, due to limited road frontage, right of way access, insufficient acreage, wetlands considerations, or deed restrictions or covenants prohibiting further subdivision.
- No pond? We can just build one. Good ponds require hearty springs, not just stream run off. (Run off ponds often go dry in August.)
- We can clear out all those trees to open the view. This isn't a slam dunk. Covenants, particularly in more recent subdivisions and lake developments, may limit tree cutting to maintain privacy or the feeling of a setting. And there are areas where tree cutting is limited for scenic protection, or the protection of wildlife and eagle nesting habitats.
The 3 of us at Catskills Buyer Agency feel pretty strongly about working exclusively with our clients. Some buyers do want to hop from agent to agent, seeing some houses with this agent, some with that agent, and some with us. But that doesn't fit with how we work in representing out clients. It's not just about making the sale and getting a commission. It's largely about maintaining continuity, and having all the information — from feedback on houses and settings, to the multitude of intent indicators — that enables us to fine tune the shopping process. That shared body of knowledge between us becomes more valuable over time, as criteria evolve and priorities realign. A key part of that is building an inventory of intent and assumptions.