Conservation Easements
Montanans – both natives and transplants – all share a love for the rugged grandeur of this magnificent state. Our wide vistas, majestic mountains, rolling farmlands, and wildlife attract visitors from around the world, and nurture the souls of those of us who call Montana home. Recent years have brought an influx of people wishing to develop and carve out sections of land for profit or personal use. This has created valid concern for the future of the state, and with that, growing alarm over disappearing open space.
Montanans are pro-active people and, consequently, many residents of the Big Sky Country are passionate about proper stewardship of the land and are involved in numerous non-profit organizations that are diligently working to preserve and protect all that we so love for our future generations. Montana calls itself “The Last Best Place” and with that in mind, we are committed to permanently protecting what we so enjoy.
Conservation Easements, very favorable and attractive to land owners wishing to preserve their holdings for future generations, are available for enactment by working with and through one of Gallatin Valley’s many non-profit organizations.
Stuart and Sally love the Gallatin Valley and encourage land owners to consider the future of the open lands in this community. As a board member of the Gallatin Valley Land Trust, Stuart is actively working to insure the continued viability of our local eco-system. Many of our closest friends are involved in 501-C3 local organizations fighting to safeguard Montana’s unique environment.
There are many reasons to place land under the umbrella of Conservation Easements: taxes, inheritance, and a desire to insure for perpetuity that the land remains unfettered by future development while allowing you enjoyment of the land. As a legally binding agreement, with specific rules and regulations, a Conservation Easement should be approached with full understanding and knowledge of what you receive in exchange for giving up certain rights on your land.
Below are links to several organizations in the Gallatin Valley with representatives who would be delighted to discuss the personal impact a Conservation Easement will have on you and your land.
Farm & Ranch
In his book, A Sense of Place: Listening to Americans, author David Lamb sums up how many feel about Montana when he writes, “In every true Montanan, there is something that says, ‘I am a last holdout.’ “You see, Montana isn’t just the “Last Best Place,” but unique in the sense that in this modern day and age, it remains primarily a rural land filled with vast ranches, farms, and national forests. Montana is the fourth largest state in the Union, but with a population less than that living on the Upper East Side of Manhattan. In Montana, it’s still very possible to become a cowboy, to ride the range, and to own property as far as the eye can see. There are “Gentleman Ranches” in and around Bozeman that satisfy the craving for a piece of the True West, allow horses, and are relatively easy to maintain. Or, like Ted Turner, Tom Seibel, and Tom Brokaw, you can jump in feet first and rope in a legendary Montana ranch, rich in history.
Stuart and Sally are ready to assist our clients in finding and acquiring the ranch or farm of their dreams. We work closely with specialists in Farm and Ranch properties, knowing many times well in advance that a property will be coming on the market. Pricing for acreage varies wildly, determined by many factors, including proximity to Bozeman or another urban area, existing buildings, water, trees, the make-up of the soil, weather conditions, views, topography, and the desirability of the land.
Many ranches and farms in Montana are owned by out-of state investors. Consequently, a thriving ranch management service industry has sprung up in Montana, specializing in the overseeing of large land holdings. It is possible to hire management and consultants who can address every aspect of being a proper steward of the land while operating an agricultural-based business.
There are many ways to help offset the cost of buying and operating large tracts of Montana land. There is a new trend to “bank" and trade such natural resources as water rights and there are lucrative tax credits for conservation easements. Stuart and Sally know the right professionals for you to consult with regarding ranch and land management. It is important for you to fully appreciate and understand the enormity of undertaking the running of a farm or ranch if you have not previously owned such a property.
In Montana, we consider Ryan Flair of “Fay Ranches” and Dave Johnson of “Hall & Hall” to be the leading listing agents for rural Montana farm and ranches.
We are happy to represent your interests should you wish to purchase one of their listings or any other available property in Montana.
Preparing Your Property
Getting ready to sell
Sometimes it takes only the first few minutes after a potential buyer walks into a house that we’re listing that the potent feeling hits: a powerful visceral reaction that says, “This is home.” It’s an emotional reaction that cannot be predicted or explained. It may be an intangible connection to the house or, more likely, the result of a seller properly preparing their home to show off its very best assets. Working with Stuart and Sally allows our select group of clients to take advantage of our experience in the areas of both interior design and marketing. We facilitate our sellers opening their own “discerning eye��? to envision how their property might be perceived by others. We are at your service to assist in “staging” a home for its most advantageous presentation.
But the marketing process begins much earlier, by effectively attending to this checklist of items that should be completed in any home before it goes on the market.
Outdoors / Exterior:
- Clean up any debris around property. Make sure lawns and hedges are neatly trimmed and pruned. Clear away any dead plants.
- Clean all windows, inside and out.
- The entrance of any home makes the important primary statement about the rest of the house. Make the area in and around front door appealing, tidy and attractive.
- Touch up areas that may require fresh paint or wood stain
- Repair any loose drains, window screens, and all other noticeable items around a home’s exterior.
Garage:
- If it’s cluttered, clean and organize the area, throw out any unnecessary items stored there to create a more visually appealing appearance.
Living Areas:
- The interior of a home should not just look clean, but smell as fresh and clean as possible. If there are cat litter boxes, have the litter changed frequently, even daily. Subtle air fresheners – or, better yet, the aroma of freshly-baked goods – are excellent additions to the fragrance of a clean home, but don’t mask unpleasant smells (pets, moldiness, dampness) with strong perfumes. The most enticing environment is as clean and fresh as possible.
- Refresh areas that require attention. Paint or touch up where needed. Clean drapes, wash curtains, dust frequently, and polish all furnishings. Pets are wonderful, but there shouldn’t be obvious signs of their activities: vacuum up pet hair, clean up litter boxes (and keep in discreet places), and keep feeding areas clean and tidy.
- Replace any burnt out light bulbs, dust off lampshades and glass globes where needed.
- Organize bookshelves and closets, drawers, and cabinets. When showing a house for sale, clutter is never your friend! Neatly arrange items and tidy up areas, stacking boxes and arranging shoes and clothing in an organized fashion.
Kitchen:
- Sinks, counter tops, and appliances – surface and interior! – should sparkle. Clean out refrigerators and wash down the shelves and surfaces. Food storage drawers should be as clean as possible. Deep clean the inside surfaces of ovens (if possible, they should look as “new” as possible) and every nook and cranny of gas and electric ranges
- The floor should be scrubbed and waxed frequently, particularly with heavy use. All tiles should be clean and shiny and grout should be cleaned and bleached or, if needed, replaced.
Bathrooms:
- Mirrors should be shiny and clean. All bathroom surfaces should be clean and free of soap scum, mildew, hard-water stains. If grout and/or caulking can’t be cleaned or bleached, replace as necessary.
- Arrange and clean cabinets and drawers.
- Replace shower curtain and bath mats if needed.
- Fix any leaky faucets
Overall:
- Walk through your house with a critical set of eyes, trying to note areas that may lessen the positive impact of the home. Fix, replace, or rearrange anything that negatively catches your attention. Try to anticipate what a buyer will notice or find potentially objectionable. You know your home better than anyone and intuitively understand how to present it in its best light.
- Check all doors to make sure they don’t squeak or stick.
- Listen! Are there objectionable noises that need to be addressed and fixed? Remember, a menacing, barking dog can make buyers uneasy and nervous.
- Keep your house temperature set at a comfortable level. You may personally prefer it too hot or briskly cool, but potential buyers may not!
- Lighting makes a critical difference. Are rooms well-lit? Do lamps have appropriate bulb wattages? Check the views out of all windows in the home and remove items inside and out that may hinder or lessen the visual impact of the view.
Black Bull Golf Community – Luxury Club Homes
| A remarkable convergence of spectacular high-country terrain and refined country living has made southwestern Montana’s Gallatin Valley one of the most desirable rural retreats in the American West.Black Bull is a 378-home premier golf community established on 485 acres of the historic Leachman Ranch in Bozeman, Montana. It has the services and amenities you’d expect from a premier resort, but in a relaxed, rustic-yet-upscale atmosphere true to its roots.
Black Bull is an ideal home for the outdoor enthusiasts with abundant opportunities for fly fishing, hiking, mountain biking, horseback riding, skiing and snowmobiling in the adjacent Gallatin Range and Spanish Peaks. And, Yellowstone National Park and the Big Sky Ski Resort are just an hour away. Nearby Bozeman offers a vibrant restaurant scene and a good selection of shops and services. Black Bull Golf Community
Club Home |
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Acreage: 485 acres (196 hectares) |
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Lots: 273 custom, single-family lots vary in size from one-third of an acre to one acre. Costs range from $195,000 to $650,000. |
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Club Homes: 105 distinctive Club Homes are inspired by Locati Architects and designed for turn-key convenience. Club Homes range from 2,200 to 4,000 square feet. Prices range from $795,000 to $1,300,000. |
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Golf: The 18-hole championship course was designed by former PGA star Tom Weiskopf. The quality of the course rivals that of the nation’s top golf clubs, but with the relaxed attitude that permeates everything here. Because the course is private and membership is limited, there will be virtually no need to reserve a tee time. The club features a 16-acre practice facility, which is the largest in the Rocky Mountains. |
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Clubhouse: At the Clubhouse, members will have access to a fine dining restaurant, a full-service pro shop, a fitness center with spa and massage services, men’s and women’s lounge areas and meeting rooms. |
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Swim and Tennis Center: The Swim and Tennis Center features a bar, indoor and outdoor casual dining areas, locker rooms and direct access to our hard-court tennis courts and swimming pool. |
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Concierge: Concierge services allow community members the opportunity to enjoy their surroundings by providing amenities such as monthly updates of activities in the area, cleaning services, floral deliveries, special event tickets, restaurant reservations, day trip planning and scheduling, and more. |
Click here to find out about additional amenities and to connect to the Black Bull Website.
Getting Your Home Under Contract
Getting Your Home Under Contract….
“The Valley of Flowers”
It’s exciting for you, and for Stuart and Sally, when we find the property of your dreams, and you decide to go to the next step in the transaction process, by having us write a Buy/Sell Agreement. But what happens next?
What follows is a guide to a typical real estate transaction once Stuart and Sally submit and negotiate a Buy/Sell Agreement and the Seller accepts:
- Since you, as the Buyer, are making a major investment, it’s vital that you are fully versed in exactly what you are purchasing and any potential problems, hindrances or restrictions. Stuart and Sally will carefully, and thoroughly, go over each item within the Buy/Sell Agreement prior to your signing the document. We will also fully explain any counter offer from the Seller.
Once you have a fully executed Buy/Sell Agreement, it is prudent to engage a lawyer to examine your documents. Within the Buy/Sell Agreement are any number of Contingencies and Provisions. Each one has a specific Release Date. Stuart and Sally will negotiate, within the contract, ample time for you to satisfy each provision within the contract. We will also help keep the process on track, supplying you with names of qualified specialists to help satisfy a provision.
Should there be a problem with the time frame, we are usually able to amend the Buy/Sell Agreement and secure an extension of time. However, it is best to always remember that in Real Estate Contracts, Time is of the Essence.
- As the Buyer, it is your responsibility to provide Earnest Money. The amount varies due to Selling Price and Market.
Your check for Earnest Money is usually made out to the Title Company that is designated by the Seller. Montana law stipulates that you can not have a valid contract unless earnest money is involved. You will usually be paid interest on your money while it sits in an escrow account prior to closing or to the date when contingencies are released. Your earnest money will be refunded to you should you fall out of contract due to contingencies or fault of the Seller.
- The Seller of the property is responsible for providing and paying for the Title Insurance. If you, as Buyer, are financing the property, you will be required by your lender to provide the lender Title Insurance. You will receive a Preliminary Title Commitment and generally have 10 working days to examine, and accept, the provisions of the insurance. Stuart and Sally recommend that you have your lawyer go over the Title Insurance.
- Financing of the transaction is the Buyer’s responsibility, including the Appraisal of the property; in Montana, the typical appraisal fees vary between $400 and $700.
The Buy/Sell Agreement will contain release dates for the financing. As buyer, you must perform all tasks within these dates or risk falling out of contract. If you do require financing, then you will need to work with a lender of your choice.
It is prudent to obtain a letter from a lender stating you are qualified to purchase a property within a specific price range before you begin viewing properties with Stuart and Sally. Having pre-approval strengthens your Buy/Sell offer for negotiations. Stuart and Sally are happy to provide you with the names of local lenders. Terms vary from lender to lender and it is wise to obtain quotes from more than one source.
Lenders require an appraisal prior to financing, and they order the appraisal to insure its accuracy. Appraisals in the Gallatin Valley can take 3 to 4 weeks. Stuart and Sally will help arrange a time for a reputable appraiser to view the property. Should the house not appraise for the contract amount, Stuart and Sally will help negotiate a change in the price.
- It is the Buyer’s responsibility to seek Home and Property Inspections. The cost of these inspections range from $500 to $750 for a high-end home; this is determined by the age of the home, square footage, and location. Inspection for the potential presence of radon gas, which we urge you to do, generally costs an additional $100.
It is vital that you engage a qualified Home Inspector. Stuart and Sally will provide you with names of reputable local inspectors, schedule the inspection, and will be present during the inspection (which can take between 4 to 7 hours). After the inspection, Stuart and Sally will go over the results with you and after this, present an Inspection Notice to the Seller and negotiate any repairs or provisions required from the Seller due to the Inspection Report. This may involve a price reduction or a requirement for repairs or mitigation.
- The Water and Mineral Rights on the sale property may require both legal advice and, potentially, specialists in such matters; these issues are also the Buyer’s Responsibility. Water and Mineral Rights in Montana can seem like a daunting labyrinth of legal records and laws. It is the responsibility of the Buyer to determine how important the role of Water and Mineral Rights are in the negotiations for a property and then to accurately determine what rights convey. Stuart and Sally will include in the Buy/Sell Agreement that all rights appurtenant to the property will convey with the property, however it will be up to you to determine what these rights include. The property may have a stream running through it, but that doesn’t mean – and this is all too often the case! – the owner of the property has any right whatsoever to take any water out of the stream.
Also, wells and pond construction are regulated by the DNRC and the State of Montana, and, in many cases, Homeowner Associations. You need to know what your options are in regards to water before you purchase the property.
Flood plains are another consideration in purchasing a property in the Gallatin Valley. There are 100 year and 500-year flood plain maps available. If you can see or hear water, you must be aware of your risk for flooding. Engaging a qualified Hydrologist can help determine the best site for a new home or the risk potential of the property.
- Many properties in the Bozeman and Gallatin Valley area are connected to active Homeowner Associations. Stuart and Sally will provide you with any and all known Covenants for the Homeowners Association associated with your property. You will need to consult with your attorney to determine any restrictions and regulations that affect your intended use of the property.
- The Buyer generally takes possession of the property when the Deed is recorded. This is the day of closing if it is early in the morning, or the following day when the signing is in the afternoon. Stuart and Sally will arrange a final walk-through of the property prior to Closing to insure that everything is in tip-top condition and you are closing on what you have agreed to purchase.
- You will need to arrange to have a mover scheduled well before closing date as qualified movers are booked well in advance. Stuart and Sally will provide you with names of the most qualified movers. You will also need to arrange to have utilities and phone connected in your name.
- The Buyer’s responsibilities at Closing include any loan fees, as applicable. The proration of taxes and any special Assessments that are not the Seller’s Responsibility. Other responsibilities include insurance required by the Lender.
Closing Costs, which are generally split between Buyer and Seller, are generally under $300, or a $150 cost to the Buyer.
You will be provided with a closing statement prior to closing. The closing itself is a simple process of signing documents, which can take place in the Title Company’s office, or by registered mail with documents being notarized. You will be able, up until 10 or so days prior to closing, to determine which name or entity you wish to have the property titled under.
You will arrange with your lender or banker to have a certified check delivered to the Title company or the monies wired to the Title Company in the amount of the closing by the date of closing.
Congratulations! You are now a Gallatin Valley property owner.
Legal Matters
The state of Montana is known as Big Sky Country, the Treasure State and “The Last Best Place” To many, it’s also the last vestige of America’s wild frontier. The distinctive qualities of this state are not limited to its physical landscape, however. Stuart and Sally are well aware that Montana real estate laws are, many times, unique to Montana. Just because one of our clients from Georgia or Texas happens to be a real estate maven in their own state, they may not be prepared for the particular and sometimes complicated nuances of Montana Real Estate law. This is why we always recommend that our clients obtain local legal counsel to insure there are no unexpected surprises in any real estate transaction.
Gallatin County and the Bozeman are undergoing dramatic growth. This new expansion in the community is accompanied by continual changes in zoning and land use laws. Many areas are without zoning regulations, while other areas have highly restrictive covenants in place. For property buyers, there may be utility issues, density matters, and a myriad of other details that could throw the proverbial monkey wrench into a new property owner’s desire to utilize his or her land.
Caveat emptor – Buyers Beware – is a phrase most new property owners dread hearing, particularly when discovering that dividing large tracts of land can be problematic, and in some cases, impossible. Water rights, floodplains, and even mineral rights are all considerations and an important part of the due diligence prior to purchasing a property in Montana
Stuart and Sally’s knowledge and familiarity with the Bozeman and Gallatin Valley community will help us guide our clients through a number of these processes, answering questions, resolving issues before they become problems, and alleviating the stress of maneuvering through the laws and restrictions of a new region.
We are well-versed on local real estate and land-use issues and literally know the lay of the land. Our expertise will help insure that you are fully aware of any potential problems prior to making any offer on a property. With the full backing of the ERA Landmark office - Stuart and Sally have a fine-tuned awareness of the evolving landscape of Gallatin Valley regulations and potential pitfalls for land owners.
However, it is both wise and prudent to consult with a local real estate lawyer. We will provide you with a list of Bozeman-based lawyers who can explain and clarify the procedures in dealing with the city or county on a variety of issues that can impact a property transaction, ranging from altering zoning to understanding covenants and regulations. Legal counsel may also bring up other areas for new property owners to consider prior to purchase.
Stuart and Sally are committed to see that every legal detail of your transaction is addressed in a thorough and profession manner and with your best interests in mind.
Call us at: 406-556-5013
e-mail: contact@stuartandsally.com
Building Your Dream Home
“You see things and say,’Why?’ But I dream things that never were and I say,’Why not?” -George Bernard Shaw
BUILDING YOUR DREAM HOME
For many, the idea of actually committing to building the home of their dreams is too frightening and intimidating. But Stuart and Sally not only love building homes, they’ve followed their dreams and have been personally involved in numerous construction projects. Stuart and Sally understand the process that begins with the basic concept of what one’s very personal dream home might be like to the exciting day when the home is finished and the moving truck arrives to begin unloading the furniture. This is a unique process that takes, generally, between 18 to 30 months, but it all begins with desire. For many of our clients, the opportunity to move to the Bozeman community is also the inspiration for creating a very distinctive and personal home exactly suited to their lifestyle and family requirements.
It’s not unusual that new transplants to Bozeman or even natives seeking to finally live in their dream setting, ask Stuart and Sally to facilitate creating that special home, often starting by finding the ideal home site.
Working as a team, Stuart and Sally will obtain copies of any covenants and connect you with proper legal representation to insure that you can, indeed, build what you have in mind on that acreage.
FROM THE GROUND UP
If you wish, we can also assist our clients in selecting the right architect. Bozeman and the surrounding area is home to many world-renowned architects; in fact, the deciding factor won’t be finding an architect, but the one who will best interpret and create your vision of your dream house.
Through experience, we have discovered that many times the architect and the style of the house will also dictate the best possible builder for the project. Bozeman and Big Sky are currently in the midst of a building boom, and finding competent, reliable contractors and sub-contractors is not always a given or easy. Because of our own construction projects and our relationships within the building community, Stuart and Sally know many of the builders, project managers, and property managers in Bozeman and the Gallatin Valley. We are able to facilitate your project to whatever extent you would like our expertise. As an example, Sally built her first 10,000-square foot dream home in Bozeman while she was still living in Kansas City.
Stuart first developed her interest in remodeling homes while still living in Washington, D.C. and has honed her skills while living in Bozeman. She has extensively remodeled two major Bozeman homes for her family. Both Stuart and Sally have direct knowledge of what needs to be done to build a beautiful luxury home while living far from the building site. Instead of being a daunting process, it can be a pleasurable task if done with proper guidance and planning, hiring the right team, and having the project properly supervised.
Stuart and Sally welcome the opportunity to help your dream become a reality! Below is a list of architects that we know, respect and, in many cases, have worked with ourselves, including links to their individual web sites.
SELECTED ARCHITECTS
Van Bryan Studio Architects
Van Bryan has worked as Sally’s chief architect on four major projects in the Bozeman area. He has the ability to listen to a client and then create something that actually goes beyond what the client imagined.
Jonathan Foote & Associates
Jonathan Foote also has an international reputation and has been hailed as one of the first innovative architects to utilize reclaimed and recycled wood in his designs. Although he is now retired, architect Paul Bertelli has very ably filled his legendary role at this firm.
Bitnar Architects
Thomas Bitnar is able to interpret many styles, from classical to contemporary.
Cikan Architects
Frank Cikan’s work is wonderful.
The Ease Of Universal Design
Aging gracefully is at the forefront of many people’s minds. So how does that have any tie-in with a real estate article? Actually, more than you might think due to a concept called Universal Design. A relatively new concept that has appeal to a wide range of consumers, Universal Design is essentially adding accessibility to a home for people with physical limitations (whether they are currently present or simply potential in the future) in a non-stigmatizing and attractive way. This allows homeowners to “age gracefully” in their own homes when their health status changes.
Choosing a residence is a decision that homebuyers don’t take lightly, but oftentimes the choice may be somewhat short-sighted. A home’s layout and design ultimately decide how someone will use and enjoy the home after the purchase, and even how long they will be able to stay in the home. Universal Design is a user-friendly approach to designing homes where people of any culture, age, size, weight, race, gender and ability can live comfortably today and in the future. A home’s design and amenities are modified to take into consideration physical needs that require special accommodations. This includes a wide range of physical issues including poor eyesight, bad knees, or the need to use a walker or wheelchair, just to name a few.
While homes can certainly be retrofitted once the particular accommodations become necessary, there are definitely advantages to planning ahead while building a home to implement some general design features. In fact, it’s estimated to be about one-third less expensive to add Universal Design features while building a home versus remodeling down the road. Additionally, architects and designers who are on board with the concept can integrate many of the features to be nearly “invisible” in a home instead of standing out as eyesores. Incorporating the principles from the ground up can eliminate many of the limitations that accompany traditional home design and construction.
There are seven guiding principles of Universal Design features according to the Universal Design Alliance which are as follows:
- Equitable use – the design is useful and marketable to people with diverse abilities and will not disadvantage any user. For example, controls mounted on the front of a range to allow wheelchair accessibility.
- Flexible use – the design accommodates a range of abilities and preferences including choice in methods of use or adaptability to the user’s pace.
- Simple, intuitive use – easily understood design without regard to user’s experience, knowledge, or language skills.
- Perceptible information – the design communicates the necessary information effectively to the user. An example is a doorbell accompanied by a flashing light to alert a user with limited hearing.
- Tolerance for error – the design minimizes hazards and adverse consequences of unintended actions.
- Low physical effort – the design can be used efficiently and comfortably.
- Size and space for approach and use – adequate space is provided to approach, reach, and use an area regardless of the user’s physical size, posture, or mobility. A simple example is doorways that are wide enough for wheelchairs or walkers to easily navigate.
A prime example of Universal Design is right here in Bozeman in the form of The Knolls at Hillcrest which is Montana ’s first active adult lifestyle community, designed for those 55 and older. Accessibility and the principles of Universal Design have been fully utilized throughout this project. The home features can be fully enjoyed by owners now with further peace of mind when planning for the future and changing needs. Just a few of the design features are one-story living, wide interior doors and hallways, lever style door handles throughout, and lighting considerations including ample natural daylight and many adjustable lighting controls.
Most people prefer the thought of growing old in the comfort of their own homes versus being relocated to some type of assisted living facility. With 25% of the population 50 years or older, and with the greatest amount of wealth being possessed by this demographic group, we could certainly see a shift in people remaining in their well-designed homes with assistance or care coming to them instead of moving to institutionalized living situations. As life expectancy continues to rise along with improvements in the medical field, the concept of Universal Design should continue to thrive.
Robyn Erlenbush is owner of ERA Landmark Real Estate (with offices in Bozeman, Big Sky, Livingston and Clyde Park) and Intermountain Property Management. She can be reached at robyn@eralandmark.com.
Published in the Bozeman Chronicle, May, 2008.
Visit us at http://www.eralandmark.com/. & http://www.stuartandsally.com/
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