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Phone: 662.615.4179
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Serving the Southeast
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Frequently Asked Questions
- How do I list my property with Forest and Wildlife properties?
From the home page, click on List Your Property.
- Should I buy a tract of land that is subject to an outstanding timber
deed? Cleacut? Partial Cut? What needs to be understood about what will
be left?
Do not pass up what you consider to be a good buy. However, make
sure that you have a good understanding of what condition the tract
will be in after it is harvested. Whether it is a “clearcut”
or “partial cut”, request a copy of the timber deed or
contract and have a professional forester review it with you. He can
explain the harvesting guidelines and what you may expect the property
to look like when the harvesting is completed. As a “rule of
thumb”, most landowners are not satisfied with the results.
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Should the land be surveyed?
Only if there are potential problems with property boundaries or
number of acres being questioned. Some lending institutions may require
a survey when the property is used as collateral. A survey will identify
the number of acres being purchased. The sectional division of legal
descriptions does not always identify the correct acreage, because
of variations for some section sizes.
- When is a survey not needed?
A survey is not needed when the property lines and corner markers
are accurately identified.
- How do I find a reputable surveyor and how much do they charge?
The best way to find a reputable surveyor is to ask someone who uses
surveyors. Make sure that the surveyor is licensed as a “Professional
Engineer” or “Registered Land Surveyor”. There is
no set fee for surveying. Surveyors may charge a crew fee per day,
per hour, or a quoted fee for the job.
- How do I find a reputable forester to advise me on management decisions
and help carry out those decisions?
In Mississippi no person in either public or private capacity shall
practice or offer to practice forestry, unless they have met specific
qualifications and be registered by the Mississippi Board of Registration
for Foresters. A consulting forester is someone who provides services
to the public for a fee, and represents the interest of the landowner.
A list of consulting foresters throughout Mississippi may be obtained
from state and federal forestry agencies. Many consulting foresters
belong to the Association of Consulting Foresters of America, Inc. and
may be located on the web site: www.acf-foresters.com.
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Where can I get assistance to find and purchase land?
Mississippi has many very knowledgeable real estate professionals
who can assist an interested buyer in locating and purchasing land.
The minimum that one should expect from an agent is to have met the
state requirements for licensing as a real estate agent. In addition,
one should seek an advisor who has the expertise to evaluate each
potential land purchase as to what the buyer needs. At Forest and
Wildlife Properties, LLC, we offer superior service in the area of
timber and recreational acquisition and marketing. This is due to
the fact that we are not only real estate professionals, but also
professional consulting foresters.
- How important is deeded access or easement to land?
Deeded access to a property is associated with tracts of land that
do not front a public road. In this case it becomes necessary to cross
the property of an adjacent owner in order to use the property.
There are different types of easements, but a deeded or a perpetual
recorded easement is the most desirable. A deeded easement is an actual
right-of-way easement to a property that is described with the property,
recorded in the deed, and therefore is appurtenant or travels with
the land if it is sold. Typically, property that has road frontage
is the most valuable and the most desirable to investors. In addition,
land that has a deeded access can often, depending on the condition
of the easement, offer the same security to investors as road frontage.
Although there are legal remedies to gain access to properties which
have no apparent access, they still are more difficult to sell, and
tend to be less valuable when sold.
- What should be done if there is evidence of adverse possession?
Adverse possession can result in the transfer of title to real property
or land, by possession, or use of said property for a statutory period
under certain conditions. Basically, this means that a possessor of
real property can take legal claim to ownership of the property after
certain conditions have been satisfied. First, the possessor must
use or occupy the real property for a required length of time which
is established by state statutes. In Mississippi, this statute is
set at 10 years. This statute does vary between states with a range
of 5-20 years. Secondly, the possessor must prove that their occupancy
of the real property has been in a nonpermissive manner which is actual,
open, notorious, exclusive and adverse for the described statutory
period. This process will result in a loss of land or real property
by one party and a taking by one party. Regardless of which role one
might find themselves in, it is good advice to seek a qualified attorney
to assist you with the process.
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Is a title opinion from an attorney necessary?
A title opinion often is not a requirement in the purchase of real property,
but is a veil of protection that is in the interest of the purchaser.
It is an actual examination of the deed records or other title documents
to verify that the title is valid. This process should reveal any clouds
on the title such as rights-of-way, easements, and other issues which
might hinder the transfer of the title. This is usually performed by
an attorney or title company in which they provide a summary of the
documents examined. Depending on the circumstances of the purchase,
the title opinion may or may not be required. However, it is probably
always a good idea.
- Should I get title insurance?
Title insurance is a policy issued by a title company after examining
the condition of the title to real property, which represents the
state of that title ensuring the accuracy of its search against claims
of title defects. This form of insurance is usually taken out by the
purchaser or finance company, and warrants the validity of the title
in any and all events. Depending on the circumstances of the purchase
title, insurance may or may not be a requirement to complete a purchase
of real property. It does, however, offer some protection against
some potential pitfalls.
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