Right-To-Farm ~ Origin of the disclosure

By
Real Estate Broker/Owner with Mackintosh REALTORS 82894
Many agricultural areas in Maryland and throughout the USA have seen buyers purchasing property in rural areas with very little understanding of farm operations.  Once there, the inexperienced residents find noises, insects, farm equipment on the roads, smells, and other normal characteristics of agricultural life unexpected and objectionable, and then they complain.
 
 
 
 
In response, all 50 states have  created a Right-to-Farm (RTF) law and Maryland introduced a RTF law in 1981.These laws typically shield agricultural operations from complaining non-farm neighbors by limiting the scope of and providing a defense for nuisance actions brought against farms and other agricultural operations. Maryland’s RTF law only provides a defense against nuisance claims, not a general defense to all claims against an agricultural operation.
 
 
 
Each of Maryland’s 23 counties has its own RTF ordinance in their county codes. These RTF ordinances vary from county to county. Agricultural operations should check the county code for each county in which they operate. These county RTF ordinances work with the state’s RTF law to define the parameters of those activities protected in each county.
County RTF ordinances may require that when a house or property is sold or transferred, the existence of the RTF ordinance must be disclosed. The notice informs the new owners of the existing RTF law and ordinances in the state and county. This disclosure educates the people potentially purchasing property, leasing with an option to purchase, or leasing in a residential area that they must co-exist with neighboring agricultural operations. 
 
Over my real estate career I have sold many rural properties and answer many questions for urban REALTORS® and buyers. Some of the memorable ones include an agent asking ; Q: What is the thing in the field called that looks like an animal car port?  A: Your talking about the run-in shed.
A number of have buyers asked; Q: How much will my monthly water sewer bill be?
A: That is one of the benefits of living in the country ~ there is no monthly bill , only occasional maintenance costs.
 
 

Comments (6)

Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hello Buzz - I see you didn't place this post in the highly appropriate group CrapTacular.  It seems like an ideal match to me, don't you think - Kathleen Daniels, Probate & Trust Specialist?

Regardless, the message is good and yet another example where proper preparation and realistic expectations are necessary in real estate.  And in life.  

Feb 18, 2021 10:41 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Buzz,

What a great sign explaining the right to farm.  When people want land, this is just some of the stuff that comes with.  We had a large property in Napa, in between two other large properties.  One one side were vineyards, a small farm below, and on the other side a residence.  However, this residence lent a piece of their land to a 4H group that was raising pigs for the fair.  The smell was something else.  Luckily it was one one side the least used area, and it was temporary.  A

Feb 18, 2021 11:05 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

Gotta love the "Notice" sign, Buzz.  you are right about all the "amenities" that come with farm properties.

Feb 18, 2021 06:03 PM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

CONGRATULATIONS Buzz, on having this blog FEATURED in the Old Farts Club group!  

Feb 18, 2021 06:10 PM
Rocky Dickerson
Realty One Group - Las Vegas, NV
Superior Service!

Good morning Buzz Mackintosh and thank you for an entertaining as well as enlightening article.

Feb 19, 2021 07:58 AM
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Buzz, not sure what's going on in the mind of a buyer who buys next to farmland and expects something akin to suburban living?! Anyway, common sense seems to be lacking.

Mar 22, 2021 11:47 AM

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