The Importance of Due Diligence for Property Owners and Potential Buyers in Baldwin County, Alabama
When purchasing or developing land in Baldwin County, Alabama, it's essential to understand that Alabama is a "Buyer Beware" state. This means that it’s the responsibility of property owners and potential buyers to conduct thorough research—or due diligence—before making any decisions about buying, building on, or subdividing land. Failing to do so could lead to unforeseen complications, significant financial burdens, and potential legal issues. Here’s a guide to some crucial factors to consider, as well as the local resources that can assist in this process.
Resource: https://baldwincountyal.gov/departments/planning-zoning.
1. Zoning
Each parcel of land has specific zoning regulations that dictate what can and cannot be built. To verify the zoning designation and permissible uses of a property, access the Baldwin County Parcel Viewer or contact the Planning & Zoning Department. For instance, a property in a commercial zoning district may not permit a single-family residence. Zoning also impacts key factors like setbacks, density, and lot widths, which are essential considerations for property development. https://isv.kcsgis.com/al.baldwin_revenue/
2. Wetlands and Jurisdictional Areas
Some properties in Baldwin County contain jurisdictional and non-jurisdictional wetlands, which can limit development possibilities. Access the Parcel Viewer or consult with the Planning & Zoning Department to determine if wetlands are present on a property. Development in these areas often requires state and federal permits, affecting project timelines and costs.
3. Subdividing Land
Subdividing property involves specific legal processes and zoning requirements. Even if a property division is recorded with the Baldwin County Probate Judge’s Office, it might not be legally recognized as a subdivision. It’s essential to consult the Planning & Zoning Department before subdividing to ensure compliance with local zoning guidelines, which regulate aspects like lot width and density. https://baldwincountyal.gov/departments/planning-zoning
4. Covenants & Restrictions
Certain properties come with deed restrictions or covenants that may limit their specific uses. These restrictions are usually recorded with the Probate Judge’s Office. It’s crucial to verify any existing covenants by contacting the Recording Division at the Probate Judge’s Office. Note that these restrictions are not enforced by the Planning & Zoning Department, so direct verification is necessary. Ph:(251)239-4311 or https://baldwincountyal.gov/government/probate-office
5. Flood Zones
Flooding is a common concern in Baldwin County, and certain flood zones require additional documentation, such as Elevation Certificates, before building permits are issued. Use the Parcel Viewer to check flood zone status, and it’s wise to visit the property after a storm to observe any potential flooding. https://isv.kcsgis.com/al.baldwin_revenue/
6. Access Roads: Paved vs. Dirt
Living on a dirt road is considerably different from a paved road. Public or private maintenance of these roads could impact maintenance costs and wear on your vehicle. Contact the Highway Department for further information on road types and maintenance responsibilities. https://baldwincountyal.gov/departments/highway
7. Property Lines and Surveys
Boundary lines can become critical when questions arise about fences, trees, and other property-related matters. Hiring a surveyor to establish precise property lines can clarify ownership and avoid potential disputes with neighbors.
8. Rights-of-Way and Easements
Properties often come with easements or rights-of-way that allow others to access certain parts of the land for purposes like utility installation. Check for any ingress, egress, or utility easements that may impact property use. It is the buyer’s responsibility to confirm easement details.
9. Utilities
Before purchasing, check with local utility companies to verify service availability. If sewer is not available, contact the Baldwin County Health/Environmental Department Ph:(251)947-3618 for requirements related to septic tank. Proper utility access is crucial for any residential or commercial development.
10. Building Permits
Each location has building code requirements and permit regulations. For Baldwin County properties, confirm these requirements with the Baldwin County Building Department to avoid costly mistakes and ensure all construction meets local regulations.
Resources and Contacts
The Baldwin County Planning and Zoning Department offers resources to assist with property research, including links to relevant departments and contact information. Access these resources on their Planning & Zoning webpage. For quick access to helpful contacts and additional tools, visit the Planning & Zoning Links page.
Note: This guide is for informational purposes only and is not a substitute for legal advice. Each property has unique factors, and additional research may be required for specific cases. For personalized guidance, consider consulting with professionals familiar with Baldwin County's real estate and zoning regulations.
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