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FARMLAND ACCESS EASEMENTS…

FARMLAND ACCESS EASEMENTS
 
PRESCRIPTIVE EASEMENT:
This option will pretty much limit your market to cash buyers only, as most lenders will not lend money to purchase property without deeded access. Another problem with this option is the unknown of what will happen when Mr. Smith is no longer the owner of the adjoining property being used for access. The new owner may not want you driving across his property.
 
LEGAL EASEMENT: Although in Nebraska or Iowa you cannot be landlocked, you still may have to go to court to gain some sort of access.
This will mean legal fees and other possible expenses, as well as, the court may only grant you an easement for ingress and egress (coming and going). The easement may be limited in width and not include utilities. This is a legal easement that the lenders will now finance, but the buyer may not be able to get power and public water to a home/cabin site.
 
PAID EASEMENT: Mr. Jones asks Mr. Smith to give him deeded access.
Mr. Jones can offer to pay for the survey and any other costs associated with having this agreement drawn up. This obviously is the best case scenario.
 
If you choose this option be sure that the easement is wide enough (typically 45’-60’should suffice) and allows utilities. We recently helped a client purchase a 45’ easement for ingress, egress, and utilities that was ½ mile long, at a cost of $4,000.00. The value added to the property was far greater than the cost to purchase the easement.
 
So, there you have it, a quick summary on how to handle a fairly common easement issue. In closing, I have found that when you encounter potential problems like this, it is best to sit down face to face with the landowner that you are requesting the access easement from. Calmly go over the process, and explain why it is needed. Most people will respond much more positively to this type of meeting over a cup of coffee rather than getting a letter or email. You might be pleasantly surprised at the end result.
 
Need help selling farmland? Call Kevin Kermeen Broker/owner cell direct 402-657-9656
 
I auction farmland for 1%... www.FirstBidLastChance.Auction

To Be AUCTIONED – 166 Acres – Tillable Farmland – Burt County, Nebraska

TO BE AUCTIONED Wednesday, November 20th, 2019. Bid deadline 3pm. Property Address: Between Tekamah and Decatur, Nebraska (3 parcels east of Highway 75 on Cty Road Q) Legal: N2N2 EX DITCH 5-22-11 RIVERSIDE TWP Parcel ID: 433300500 Taxes: $7294.61 (2018) Size: 166 +/- Acres (165 Acres Tillable Per FSA) Land Use: Tillable, Zoned Ag, One well on west 80 acre property - currently runs both center pivots. Pivots and motors not included in land auction. Possession: 2020 Remarks: Owner selling to complete a 1031 exchange. Great opportunity to own a mid-size production tract with immediate possession. Directions: Highway 75 to county road Q (min. maintenance road) If muddy/wet, turn on county road P go east to CR 39, turn left to the farmland. Look for the WC auction signs.      

TO BE AUCTIONED: Pender, Nebraska Land Auction – 60.7 +/- Acres – Tillable Farmland – Prime Development Ground

Rare development opportunity in Pender, Nebraska. 60.7 +/- acres to be auctioned, December 4th, 2019 @ 3pm. Call Kevin Kermeen cell direct @ (402) 657-9656 with any questions. Click here for Bid Form. [caption id="attachment_3674" align="aligncenter" width="5472"] [/caption]

10 reasons you should never buy or sell without an agent

10 reasons you should never buy or sell without an agent As with most important things in life, you wouldn’t try to handle a legal situation without an attorney, build your own house or take on the IRS solo to challenge a tax matter. Well, buying or selling a home is no different. Here are 10 reasons you should never buy or sell a home without an agent. 1. Knowledge is not power A little knowledge can be a dangerous thing when it comes to real estate. At the click of a mouse or a tap on your phone, you can get an instant valuation of your property. Is that value realistic? On which properties is it based? What did those properties have that yours does or does not? What were the dates and details of those sales? That valuation could be significantly more or less than what your property is actually worth. Just like using the internet to self-diagnose a medical issue is not the best idea, the same applies to real estate. A little knowledge can be a dangerous thing when it comes to real estate. 2. What do you know about the market? To the above point, as a seller, do you know what other options buyers are likely to consider when they are looking at your home? Do you know who the typical buyer audience is, where they are coming from and how to find them? Do you know what agents likely work with this group? What is the average number of days on market for homes in your area, and what percentage of the asking price are they getting? Are there any particular terms of sale that are a trend in your area, such as sellers paying closing costs for buyers or other concessions? As a buyer, what types of properties are most realistic for your price range and the kind of financing you will be doing? A good agent educates you about “real estate reality” as far as what you can get for your money in your desired areas and criteria that are important to you. Lastly, whether a buyer or seller, do you know why properties in one particular location sell faster than another? Are there challenges, perceived or real that could affect values? A stellar agent can prevent you from making an expensive mistake when it comes to buying (such as a home near a soon-to-be-constructed highway or busy railroad tracks — no wonder it was priced so cheap). And alternatively, that same agent can help sellers position their property in the best way when taking into account external factors around it that can affect value. 3. Agents are expert problem-solvers So what happens when the inspection reveals termites, a roof leak, a house that needs to be replumbed — or worse yet when an inspector paints a picture of a fairly minor repair issue in a far worse light than it is? What happens when an appraisal comes in at less than contract sales price? These are run-of-the-mill issues that agents face every day. They don’t make our palms sweat and cause us to faint, but instead we stand tall in the face of the myriad challenges this business presents. My first broker told me, “If you aren’t solving problems, you aren’t selling real estate.” How true this is. If you are selling your home on your own and encounter these situations, can you prevent the buyer from running for the hills? Do you have a plethora of experts you can call upon, often at a moment’s notice, who can help? As a buyer, do you really want to be addressing repair items with a seller directly? Sellers are so often in “repair denial,” particularly when they are trying to sell their home on their own — there are never any issues as far as they are concerned. As a buyer, do you really want to be addressing repair items with a seller directly? 4. Overcoming objections is what agents excel at You are selling your home on your own. Do you have a record of who has come through and when? If they had an agent, who it was and what the buyer thought of it? If they didn’t buy your home, what did they buy instead and why? That’s what agents working with sellers manage. Are there any themes emerging? If there are concerns that are presenting as a challenge for buyers, do you know how to address them? Are there ways to combat these objections by providing additional information or consulting with needed designers, contractors, landscapers, the homeowners’ association and so on? Superstar agents can effectively address objections such as “didn’t like layout” or “needs too much work” and know how to position a property effectively, so buyers go from “just looking” to locking an offer up. 5. Effective negotiation skills are key As a seller, you received a low offer on the property. Do you make a counteroffer, outright reject it or not respond? As a buyer, you want to make an offer that asks the seller for everything and the kitchen sink (well, because it’s attached, it conveys as part of the house anyway). How do you formulate a strategy? Do you know your opponent and have you gathered much intelligence about them? How much should you offer or counteroffer? Does your response risk alienating the other side? What about more than one offer? How do you facilitate, manage and negotiate effectively to keep all interested buyers in play? The negotiation landscape can get complex, which is why a third party is always beneficial in acting as a buffer zone to separate emotion from facts and work to reach an objective outcome. 6. Preventive medicine equals more money in your pockets The saying “an ounce of prevention is worth a pound of cure” certainly applies when it comes to real estate because surprise is never a good thing when it comes to buying or selling. Surprise is never a good thing when it comes to buying or selling. A good agent walks you through the necessary steps before you start your property search or put your property on the market. As a buyer, there are certain things you must do before starting your property search, such as getting prequalified — preferably preapproved — so you don’t waste time looking at properties that aren’t a match, and so that you don’t waste a seller’s time coming through a home that you cannot afford. As a seller, are there items that should be addressed before putting your property on the market? Should you get a pre-listing inspection, and are there any repair items that need to be taken care of? What about staging or editing your furnishings and decor? What items make the most sense for you to address to position your home for maximum exposure? Do you need a floor plan created for your home? Is there any pertinent information you need to pull together that is critical for the sale? In short, a top-notch agent guides you on critical steps you need to take before stepping into the market that will save you time, headaches and hassle when an offer comes through. 7. Marketing expertise is needed to sell your home Image is everything when it comes to real estate, and a poorly presented property is like showing up at the Oscars without using a stylist. Do you have access to the right photographers, video producers, stagers and interior designers to make your property shine? Although you might think marketing your property on your own is easy, there is a difference between playing photographer and hiring someone with an objective, critical eye for what kind of marketing will attract the right buyers. Are you able to find the money shot? What photos are going to best present the property? Should a drone be used, and for which shots? Are you able to create a video to effectively tell your property’s story and how to best find that story and articulate it? What kind of marketing collateral can you prepare that’s going to communicate the features, benefits and advantages of your property over another effectively, and how is that collateral going to be distributed? Do you have access to vendors that might be able to offer incentives or discounts for buyers who could benefit from their services with the new home? A poorly presented property is like showing up at the Oscars without using a stylist. 8. Social network exposure is unmatched Can you broadcast your property across numerous websites and various social media networks to pique buyer and agent interest — locally, nationally and possibly internationally? Are you able to reach hundreds, thousands or even more with the click of a mouse? Are you able to use predictive analytics and targeted digital marketing to put your property in front of the right prospects? A top agent is skilled in making your property go viral in just seconds. A top agent is skilled in making your property go viral in just seconds. 9. Agents have mad connections Real estate agents are connected to just about everyone and everything. The three degrees of separation rule applies here. Agents are constantly in the know — it’s their job to be. They leverage their relationships with real estate related service providers, lenders — and, most importantly, other agents — to help bring the sale together. Agents exchange and share advice and ideas that can help one another, and by networking and information-sharing, they help bridge the gap between for sale and sold. They also have access to properties that are not officially on the market and often know deals not advertised that builders might be offering in terms of discounts or specials that can help save you money. Need a handyman or a really good painter? Ask your agent about the contacts he or she has, and get hooked up with great providers. 10. Trusted advice and an available point person are a seller’s best friend Who else can you go to with a question or concern almost any time of the day or night? Yes, as much as we don’t like to admit it, there is no such thing as office hours for real estate. A good real estate agent is your trusted adviser every step of the way, and unlike your attorney or accountant, you won’t get charged for every phone call or email. Who else can you unload your qualms, fears and worries upon regarding the buying and selling process? When your peanut gallery of friends, family and co-workers are giving you confusing advice, who can you trust for objective information to make the best possible decision? Don’t go into the buying and selling process blind. Let a real estate professional be your guide so that you can celebrate this incredible milestone without worry, knowing that the heavy lifting and problem-solving was done for you.

SALE PENDING! 201.39 Acres – Farmland FOR SALE – Washington County, Nebraska (Cuming and Blair Townships) $6555/Acre

201.39 ACRES TILLABLE FARM LAND FOR SALE Property Address: 0 County Road 14 and 0 County Road p16, Blair, NE 68008 Legal: W1/2 NE114 4-18-11, SW114 SE114 33-10-11, W1/2 SE 114 30-19-11, TL 1 31-19-11 Parcel ID: 890030401, 890030443, 890018802, 890030596 Taxes: $13,765.62 (2018) Size: 201.39 +/- Acres List Price: $1,320,000 ($6554.45/acre) Land Use: Tillable, Zoned Ag Possession: $49,825 annual cash rent lease in place through 2021 with long term tenant, full possession 2022. Remarks: Very productive farm tracts. Tract 1 is 81 acres with 79.56 acres tillable. Tract 2 is 120.39 acres with 106.97 tillable per FSA.  

Your farmland leases and the importance of September 1st in Nebraska and Iowa…

Your farmland leases and the importance of September 1st in Nebraska and Iowa... As we approach September 1st: There is evidence that in Nebraska and Iowa, most farm leases are oral year-to-year leases. This is important because Nebraska law governs how to terminate such leases and September 1 is a critical day should a landowner wish to terminate an oral lease. First, the law: The Nebraska Supreme Court has ruled that a farm lease begins on March 1 for oral year-to-year leases. To terminate an oral year-to-year lease, however, the Court has ruled that six months notice must be given prior to March 1. In other words, to terminate an oral year-to-year lease, a notice to quit must be received by the tenant prior to September 1 of the preceding year. Second, some examples: Example 1: The landowner as an oral year-to-year tenant. Landowner decides she wants to terminate her lease with Tenant because she wants her nephew to rent the land beginning March 1, 2020. Landowner sends a letter to Tenant and Tenant receives it October 30, 2019. Is the lease terminated so the nephew may rent it on March 1, 2020? No, the lease is not terminated because an oral year-to-year lease requires a tenant to receive notice by September 1, 2019. Here, Tenant received notice from Landowner on October 30, 2019. This means that Tenant may lease the farm land until February 28th, 2021. Example 2: Same facts as above except now, Landowner sends a notice to quit to Tenant, which Tenant receives on August 30, 2019. Is this lease terminated so the nephew may rent it on March 1, 2020? Yes, the lease will terminate as of February 28, 2020. Keep in mind the lease between Landowner and Tenant continues through February 28, 2020 but the Tenant has received a proper six months notice of termination, which is required under Nebraska law. Third, some gotchas: The above represent the default rules in Nebraska for termination of unwritten year-to-year leases. The landowner and tenant can come to a mutual, voluntary agreement to modify the default rules. Thus, if both the landowner and tenant agree, an unwritten year-to-year lease may end in June with 30 days notice. The key is that there must be a mutual, voluntary agreement to do so. If a landowner is terminating an unwritten year-to-year lease, it is advisable to do so with a letter and not in-person. Additionally, it is best to send the notice to quit with time to spare from the September 1 deadline, as the tenant must receive the notice by September 1; it is not relevant when the landlord sends the notice. Moreover, the above rules do not apply to written leases. To terminate a written lease, the landowner and tenant must merely review what the lease states about termination and follow the lease provisions. If you need clarification or just want to ask about dates and deadlines, you are welcome to contact us. We're happy to help farmland owners. Call Kevin Kermeen Broker/owner (402) 657-9656 today! Thinking of selling? Ask about our 1% commission - First Bid Last Chance Auctions. You can pay more but why? Call Kevin today!!

1% First Bid Last Chance Farmland Auctions

Thinking of selling farmland? You can pay more but why! Call Kevin Kermeen Broker/Owner and ask about his proprietary 1% First Bid Last Chance Farmland Auctions (a division of WC Real Estate).
  • Our system works and works well (99% SOLD!)
  • Faster results: Usually 30 days to an auction date and as soon as 45-60 days to close.
  • No negotiation hassles on price and terms.
  • Much less expensive than traditional brokerage fees.
  • You maintain control by reserving the right to accept or reject any bid.
  • Bidders know their first bid is their last chance! This encourages higher bids!
  • You will get the best net proceeds by substantially reducing fees and delay, and allowing market prices to get the best price for your land with the least hassle!
  • Dates are filling up, call Kevin today (402) 657-9656 for a free consultation. (Kevin has sold over $108 Million since 2008)
  • Licensed in Nebraska and Iowa! WC Real Estate… Selling farmland for over 27 years!

17 +/- Acres, Commercial – Industrial LAND, Zoned A/ML.

Location, location, location! 17 +/- acres of vacant commercial/industrial land ready to be built on or developed into smaller parcels for commercial buildings. Manufacturing, trucking, service companies and much more surrounds this parcel. Close to Cargill and Novozymes Campus. Zoned: A/ML – Agricultural / Light Industrial & Manufacturing. Rare opportunity in eastern Nebraska. Call Kevin Kermeen (402) 657-9656 with any questions. 17+/- acres of land to be split/surveyed from 27 acre parcel. Buyer and seller to split survey cost. Location, location, location! 17 +/- acres of vacant commercial/industrial land ready to be built on or developed into smaller parcels for commercial buildings. Manufacturing, trucking, service companies and much more surrounds this parcel. Close to Cargill and Novozymes Campus. Zoned: A/ML – Agricultural / Light Industrial & Manufacturing. Rare opportunity in eastern Nebraska. Call Kevin Kermeen (402) 657-9656 with any questions. 17+/- acres of land to be split/surveyed from 27 acre parcel. Buyer and seller to split survey cost.

Your farmland leases and the importance of September 1st in Nebraska and Iowa…

Your farmland leases and the importance of September 1st in Nebraska and Iowa... As we approach September 1st: There is evidence that in Nebraska and Iowa, most farm leases are oral year-to-year leases. This is important because Nebraska law governs how to terminate such leases and September 1 is a critical day should a landowner wish to terminate an oral lease. First, the law: The Nebraska Supreme Court has ruled that a farm lease begins on March 1 for oral year-to-year leases. To terminate an oral year-to-year lease, however, the Court has ruled that six months notice must be given prior to March 1. In other words, to terminate an oral year-to-year lease, a notice to quit must be received by the tenant prior to September 1 of the preceding year. Second, some examples: Example 1: The landowner as an oral year-to-year tenant. Landowner decides she wants to terminate her lease with Tenant because she wants her nephew to rent the land beginning March 1, 2020. Landowner sends a letter to Tenant and Tenant receives it October 30, 2019. Is the lease terminated so the nephew may rent it on March 1, 2020? No, the lease is not terminated because an oral year-to-year lease requires a tenant to receive notice by September 1, 2019. Here, Tenant received notice from Landowner on October 30, 2019. This means that Tenant may lease the farm land until February 28th, 2021. Example 2: Same facts as above except now, Landowner sends a notice to quit to Tenant, which Tenant receives on August 30, 2019. Is this lease terminated so the nephew may rent it on March 1, 2020? Yes, the lease will terminate as of February 28, 2020. Keep in mind the lease between Landowner and Tenant continues through February 28, 2020 but the Tenant has received a proper six months notice of termination, which is required under Nebraska law. Third, some gotchas: The above represent the default rules in Nebraska for termination of unwritten year-to-year leases. The landowner and tenant can come to a mutual, voluntary agreement to modify the default rules. Thus, if both the landowner and tenant agree, an unwritten year-to-year lease may end in June with 30 days notice. The key is that there must be a mutual, voluntary agreement to do so. If a landowner is terminating an unwritten year-to-year lease, it is advisable to do so with a letter and not in-person. Additionally, it is best to send the notice to quit with time to spare from the September 1 deadline, as the tenant must receive the notice by September 1; it is not relevant when the landlord sends the notice. Moreover, the above rules do not apply to written leases. To terminate a written lease, the landowner and tenant must merely review what the lease states about termination and follow the lease provisions. If you need clarification or just want to ask about dates and deadlines, you are welcome to contact us. We're happy to help farmland owners. Call Kevin Kermeen Broker/owner (402) 657-9656 today! Thinking of selling? Ask about our 1% commission - First Bid Last Chance Auctions. You can pay more but why? Call Kevin today!!

SOLD! Downtown Blair Office Building with Loft Apartments Potential

SOLD! Occupy. Develop. Invest. Commercial property that checks all the boxes is for sale in downtown Blair with high foot traffic and multiple uses; office, retail or residential loft units.  The facility boasts lots of square footage with 1,440 on main floor, 1,440 on second floor and lots of room for storage in the full basement. The separate entry for the second level would make for a great condo with brick walls and high ceilings. Area in back would make a great retreat. Includes off street parking. In great condition and priced to sell! Zoned CCB