Riparian Doctrine (sale, foreclosure, mobile home)
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You can catch your own water, this is not Colorado , it happens sporadically where we are and is very common out in West Texas and Big Bend area.
Good to know. I wasn't certain because I know that Texas continually experience droughts.
As for mineral rights, pipelines, oil rights etc. - they are usually separate from the land and it is up to you to do your research. This is my experience, talk to your realtor and a real estate attorney before you do anything. Buying the rights is going to cost you.
That's too bad. We're not looking to explore but, we'd like to know that we'd own our land, even if there's no mineral or oil underneath.
Be aware that fracking is a huge thing in this state, every Tom, Dick and Harry can have or has a rig on their property. Obviously in the city rules are different. You can take a drive around rural places off I-35 even within a 50 mile radius from Austin and see setups pumping for oil, the stench is sometimes very noticeable. If you believe that fracking is detrimental to the quality of the water supply, it doesn't really matter that it stays with your neighbor (it doesn't) - it will affect the quality of your water too. If you believe otherwise, well, you got no problems then
Supposedly, fracking doesn't affect the water. With that said, I am aware that it's not a guarantee that fracking won't affect the water.
Be careful when you buy homes too. Some counties have no building codes and/or do not require inspections on owner-built homes. This translates into a hodge-podge of quality home to home.
My $.02
Thank you for bringing the hodgepodge quality homes to me. My hubby is a senior structural/civil engineer. He'd be checking into potential homes carefully. Although we'd be searching at least 20 acres land, we're aware that it's cheaper to have an existing home. In spite of the existing home, we plan to build the ICF house (similar to our existing ICF house) and use the existing as "in-law" or guest house.
Any easements (pipelines, utilities, etc) will be clearly marked on any current survey. You will have a very slim chance finding ANY property for sale including the mineral rights.
That's too bad. One question -- does this includes rural areas?
I've lived in east Texas for over twenty years. Fracking and oil and gas exploration has been going on in this area for 80 or more years. No issues whatsoever with the water supply, and no damage to water quality. No, we don't have oil derricks in every yard, or neighborhood, but you can see them scattered around the area (I live in an area with LOTS of oil and gas business - thirty miles down the road you won't see an oil or gas location anywhere around).
That's good to know of your experience. I really have not heard much of bad experiences regarding frackings.
Not only in Texas, but in many many other states, there's the issue of horizontal drilling. You may want to check into that before you buy in Texas, Arkansas, OK, LA, PA, OH, WV, CA, CO, ND, SD and most likely other states as well (those are just off the top of my head). Not that this would really affect you if you didn't own the mineral rights (which you basically WON'T own in Texas unless you pay an unbelievable price for them from someone who is willing to sell them - in other words, don't count on it!).
Horizontal --- are you referring to fracking? Would you be more specific on the "issue" (other than mineral rights), please?
I can sort of guess where you are talking about, but no, no where that there is a groundwater district can you ' do what you want with it'. Industrial, ag, and commercial (essentially all non-drinking water sources) are restricted by the GWCD.
And Wimberely wants to control the whole county and then some...well, you should have annexed the areas around you and provided services, instead of just whining when someone else did.....
GWCD is abbreviated for?
When we purchase a farm land for our family purposes (with livestock), would the restriction affect us?
The MUD would have given the owner of the ranch the right to develop the ranch into a town with individual lots where each lot would have its own well so in practice it boils down to the same effect at the end.
The idea of a MUD is to improve an economically undeveloped area. Wimberley is NOT such an area. It is clear that the owner of the ranch was looking for a tax break on a very expensive property and got one via an express route sponsored by a state representative, under the pretext of property rights protection.
The problem is rapidly becoming obvious in this state - we are running out of water and the question becomes what's more important - conserving the water and protecting the many people living in the area or protecting the property rights of the people sitting on top of the aquifers. If you were to believe what the state rep in question said at the community meeting regarding developing the ranch in question - property rights trump everything else, according to him, the property owner should have every right to put 16,000 people on his ranch and suck up all the water because it is HIS water.
The purpose of a MUD is to provide utilities where utilities are not available. That happens to generally be undeveloped areas.
The MUD is not in Wimberley. Wimberley ends at the city limits, or possibly the ETJ, but does not cover the entire area above the aquifer.
A 'tax break' probably implies something like an ag or wildlife exemption to most people. Developing your land does not seem like a tax break, to me, rather selling your land to make money?
I guess the other point is that there were no laws broken that I am aware of. So, while the laws may need changing, they also need to be applied as they are currently written until such change takes place. If things do change, maybe the people of Wimberley need to worry about whether they have any right to the water under the ranch that they are siphoning off from the owner....
Wimberley has avoided expanding their city limit for decades so they don'[t have to provide services and don't 'encourage' growth. Well, this is the flip-side - you can't limit it, either, if you don't expand your city limits.
That may or may not be true, the fact remains that if the OP moved into the area, she might find herself a neighbor to such a monstrosity development. In 2014 you move into a small town and enjoy yourself in the country, in 2015 you are sitting next to a construction site, in 2016 you have 10,000 new neighbors fighting for the same water from the same aquifer, the same water that is dwindling fast...
Nope, we don't want monstrosity development. We just want a family farmland that, hopefully, will stay in generations. Where we'd have water right directly below and by rainfall.
OP - don't move to Wimberley. Just come on to east Texas where water is plentiful and you don't have to worry about whether or not it's legal to capture rain water or other such stuff.
It's legal to capture rain water in the whole state. But no matter what state you move into or what part of Texas you move into, do your research. This advice stands anywhere on the planet and by research I don't mean questions on CD forums (although it is always good for leads) - talk to real estate agents and real estate attorneys. Maybe visit the place and try to get a feel for the issues in the area before you spend your hard earned money.
Have no fear. We already visited Texas twice in the past year and a half (southern and northern). We will come back to Texas for another visit.
It's legal to capture rain water in the whole state. But no matter what state you move into or what part of Texas you move into, do your research. This advice stands anywhere on the planet and by research I don't mean questions on CD forums (although it is always good for leads) - talk to real estate agents and real estate attorneys. Maybe visit the place and try to get a feel for the issues in the area before you spend your hard earned money.
I'm a researcher gal. I try to save time by asking specific questions but, my research never ends.
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Originally Posted by KathrynAragon
Well, of course.
Most people do visit a place before they buy property. Most real estate transactions are done via real estate professionals. And finally, you have to close on property in Texas either with a real estate attorney or at a title company. Of course, this is the bare minimum when it comes to research and I would highly recommend more indepth research than this.
This isn't the point of the OP though. The OP is worried about water rights (among other rights) and some areas of Texas have more issues with water rights than others. Hence my advice (which was a bit tongue in cheek but all the same applicable) that the OP move to East Texas where water is plentiful and not the issue it is in areas with water shortages.
East Texas is one of the few strong possibles, based on our past trips to Texas. More specifically, North to northeastern Texas, bordering Oklahoma areas.
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Originally Posted by Trainwreck20
The rights are the same pretty much across the state. It is the supply that varies .
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Originally Posted by LordyLordy
Ah, you can go to any CD forum state by state and find people blaming the state, hating it and generally being miserable, can't wait to leave, what a mistake they made moving etc. In my opinion, 90% of this complaints could have been prevented by doing basic research.
Very true. Can not argue with that logic/common sense.
Title company NOR the real estate agent will tell you about ongoing issues in the area. This is the part that means moving to a place and renting for a year or so and then buying. In that year you can find a more decent real estate agent and a good attorney. However, even then, community involvement is crucial if you are going to have a successful existence anywhere, esp. if issues beyond just basic commute, groceries etc. are of interest to you.
I'm glad you mentioned renting. I'm for it, hubby's somewhat against it. BTW - typically the Chambers of Commerce is a good source of information albeit not always quite so forthcoming.
Quote:
Originally Posted by KathrynAragon
Are we arguing some point? I never said that real estate agents or title companies would offer more than info required by law (for instance easements, set backs, mineral/water etc rights). Nor did I suggest relying on an internet forum for reliable information.
We're missing a ping-pong effect smiley.
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Originally Posted by High_Plains_Retired
Hmmm. I first thought this was an ecological discussion.
It was and still is. But it's fun to watch the healthy debate.
Basically out here on the Texas High Plains, the water under your rural property belongs to you. However, you should be aware that water is not a solid and normally flows between properties and if your neighbor, are nearby city, pumps it out from under your property with bigger pumps, it's just too bad for you. In rural Texas, you can capture and store water from precipitation if you wish but you should also be aware that there's not much of that in many parts of the State.
Texas High Plains --- that would be the Panhandle, bordering Mexico and Oklahoma, right?
Texas water laws are changing. I am in my 60s and almost expect to have a county-owned water meter on my farm house well pump before I die. I would take bets that most farm irrigation pumps will have closely regulated outputs in ten to fifteen years.
I suspect it may eventually happen nationally but, let's hope not. At least for a very, l-o-n-g time.
I'm a researcher gal. I try to save time by asking specific questions but, my research never ends.
Good to hear
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Originally Posted by debbie f
East Texas is one of the few strong possibles, based on our past trips to Texas. More specifically, North to northeastern Texas, bordering Oklahoma areas.
There are two types of rural areas, in my humble opinion. In one, people ranch, farm and take care of their land. This is where I want to be. In the other, people "redneck" the land, constant ATV traffic, shooting, hunting, drinking, trespassing, loose dogs etc. This is where I don't want to be. Make sure you know which is which and where you are going. In essence, with property sizes you are talking about (20 acres or so), you will be able to hear everything around you. People in this state love to shoot and hunt, many have deer feeders on their properties for that purpose. At times you can hear shots at night, many times during the days too. It gets old after a while (I have guns myself).
In rural areas there is no zoning. Our neighbor has 5 acres and has 4-5 trailers on his property that he rents to low income families. Very nice families all of them, by the way, but you can see how you may have an issue if a bad apple moves in.
Since there is no zoning, make sure you know who all your neighbors are and neighbors past them and so on. We have a wedding resort on 40 acres a few properties over and needless to say, in a pretty area people want to come to it to get married. There have been a few Saturdays where you could hear music late into the night. They are generally considerate though. We were aware of all this when we decided to buy since it was a great deal anyways, you can always sell, make some profit and move on to a quieter, more rural area.
Quote:
Originally Posted by debbie f
I'm glad you mentioned renting. I'm for it, hubby's somewhat against it. BTW - typically the Chambers of Commerce is a good source of information albeit not always quite so forthcoming.
Renting is how we found our 5 acre foreclosure with a well, mobile home and septic for 1/2 the going price of the local properties. It also gives you time to realize the local problems and possibly what areas are "good land" vs. bad land. Bonus points if you make friends of a few long-time locals (not easy). They will tell you who is who, what's for sale, where to buy and what to stay away from. Finally, the best sales are "between friends and neighbors". Case in point: my current neighbor is engulfed in a bitter family lawsuit over 10 acres of their property with a home on it (it's a 75 acre property and the 10 acres belongs to a family member who is slightly loco). Being neighbors - they came to us first to offer the 10 acres + house for sale at a very discounted price, after the lawsuit is over. With long time locals, they want to see someone who is similar to them, takes care of the land etc. They see us every day tending to our garden, building a shed, fencing our horse pasture, clearing overgrowth etc. and have concluded that we are good neighbors to have - the logic is why sell to a stranger when you can sell to a neighbor. They also knew we were looking for a bigger property.
Last edited by LordyLordy; 12-18-2013 at 11:06 AM..
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, it happens sporadically where we are and is very common out in West Texas and Big Bend area.
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