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DELTA COUNTY COLORADO LAND VALUE - A BANK IS ABOUT TO GET A SURPRIZE!

By
Real Estate Broker/Owner with 970-216-0530 http://WeSellDeltaCounty.com Colorado Lic# 40029852

Water fall in Yankee Boy BasinDELTA COUNTY COLORADO LAND VALUE - A BANK IS ABOUT TO GET A SURPRIZE!  I began working on a "Broker Price Opinion" today for a property here in Delta County, Colorado.  This is a very unique property since there is more than one home on it and it is on several acres.  In fact, it is really going to be a tough one because there aren't any real sold comparables or any currently listed comparables, not in the last 3 month, or the last 6 months, or even the last YEAR

So after talking to a friend that I call the "BPO Queen", she suggested trying a couple of adjoining counties and see if I could find comparables.  No luck there either.  Oh, one other thing - this property is irrigated farm land.  Another kink in the comparable search.  I'm starting to think I might have to write a long letter to go with this BPO report.  We are in a rural area and the economy, well, you all know what the economy has been like in the last year or so...

After studying the legal description, reading over the Deed of Trust from the county public records site, something just isn't looking right.  Then it dawns on me...the bank doesn't have a lien on the water rights...an irrigated farm, which would account for a substantial portion of the original purchase price.

Okay, here comes my disclosure - I AM NOT A ATTORNEY NOR DO I PLAY ONE ON TELEVISION!  But my ability to read a deed would cause me to be persuaded that this bank does not have the water rights included in their collateral.  The water rights were transfered from the previous seller to the current owner by a Quit Claim Deed.  This is not the first time I've seen this happen to a bank.  In this part of Colorado, irrigation water rights can make a drastic difference in the value of land.  This bank had no idea when they made this loan that they should have included the water rights as part of the collateral.  They will know soon...

Water rights are another reason Buyer's need to be represented by a Realtor - but that is another blog for another day.

Posted by

Eileen Liles , CRS, GRI, SRES, CDPE

Macht-Liles Real Estate Group

Cedaredge, Colorado

John Thomas
E3 Green HOMES - Boulder, CO
EcoBroker, MSEE, MBA

I think you're right, the bank is in for a big surprise. They may just decide to discount the property for a quick sale...just a thought but you never know!

Sep 17, 2010 04:45 PM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

WOW, that's HUGE.  Arizona has water right issues, so I know just a tiny bit about this, but know it's huge.  Are the rights transferrable or do they remain with the current owner?  Kind of hard to sell a home with no water. 

I had a BPO last year where the owner of the easement rights for access to the subject property legally removed the easement just before the statute of limitations made it irrevocable - seems there was a good old fashioned "feud" happening between the adjoining home owners. 

It's still in litigation and the bank hasn't foreclosed - heck, if they can't get clear title and, more importantly, can't get legal access to the property, their hands are pretty much tied. 

Sep 17, 2010 06:10 PM
Eileen Liles
970-216-0530 http://WeSellDeltaCounty.com - Cedaredge, CO
Macht-Liles Real Estate Group - Cedaredge, CO

John, I'm afraid they are in for a surprise.  The problem (?) is that banks/lenders routinely loan on homes sitting on a street in a city somewhere.  Then they loan on a property with acreage and have no idea that in some cases the irrigation water rights are a huge part of the purchase price.  I know of another instance here in Cedaredge where the homeowner knew he was about to loose the property to foreclosure so he sold the water rights. 

Juli, this really doesn't affect the domestice (drinking/household) water, just irrigation water rights to the land which is currently in orchard and farm ground.  Our annual rainfall is way too low to grown any kind of crops.  We depend on snow melt from the mountains and had an extensive system of canals, creeks and ditch water delivery systems here on the Western Slope of Colorado.  Much of it was built back in the late 1800's and is still used the same way today.  It is actually a really amazing system.

Sep 18, 2010 03:14 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Thanks for the posting informative article Eileen. You always keep us updated and we appreciate it. Cheers!

May 17, 2014 11:57 PM