Land — Due Diligence
Rural land purchases fail in predictable ways: water that doesn't convey, soil that won't support a septic system, flood plains that kill insurance options, zoning that prohibits the intended use. Every one of these is discoverable before closing. This checklist covers all of them.
The 20 questionsThis checklist provides educational guidance for land buyers. It is not legal advice. Land law, water rights, zoning, and environmental regulations vary significantly by state, county, and municipality. Verify all items with your county planning department, a licensed real estate attorney, and where relevant, a water rights attorney before purchase.
When to use it
Run through all 20 questions for any rural or semi-rural property before making an offer. Some answers require professional assistance — budget time and cost for that before you're under contract.
The five categories
Deal-breaker questions
Questions 7 (water rights), 12 (septic suitability), 14 (flood plain), and 20 (title) most often produce surprises that kill deals or require significant price renegotiation. Do these first.
Category 1 of 5
Can this parcel legally be built on as zoned?
Check the county assessor and planning department. Some parcels are legally unbuildable due to size (smaller than minimum lot size), prior deed restrictions, or lack of road frontage. Ask specifically about the parcel, not the general zone.
Find it at: County planning department, county assessor website
What is the current zoning classification and what does it permit?
Get the actual zoning designation and pull the corresponding section of the county zoning ordinance. "Agricultural" zoning varies enormously — some permit residences and commercial agriculture, others restrict to specific uses. Confirm your intended use is permitted by right, not just conditionally.
Find it at: County planning department or GIS portal
Is road access public or by easement — and who maintains it?
A property without deeded access to a public road is landlocked. Easements providing access may be shared with neighbors, revocable under certain conditions, or subject to contribution toward maintenance costs. Ask whether the road is maintained by the county, a road maintenance district, or private agreement.
Find it at: Title report, county roads department
Are there CC&Rs, HOA rules, or deed restrictions?
Request all recorded covenants, conditions, and restrictions. Rural HOAs and deed covenants regularly restrict livestock, outbuildings, alternative energy systems, short-term rentals, home-based businesses, and agricultural activities. These run with the land — they don't expire when ownership changes.
Find it at: Title report, HOA documentation from seller
Do mineral rights and timber rights convey?
Severed mineral rights allow the mineral rights holder to access the surface for extraction — on your land, with limited compensation. Ask the title company to search for any split-estate conditions. Timber rights can also be severed, meaning standing timber may belong to someone else.
Find it at: Title search, county recorder
What easements cross or encumber the property?
Utility easements restrict construction in the easement corridor. Access easements for neighboring properties cross your land. Conservation easements (donated or sold) can permanently restrict development and agricultural use. Each appears in the title report — review all of them specifically.
Find it at: Title report, county recorder
Category 2 of 5
What water source serves the property, and do rights convey?
Identify every water source: well, pond, stream, spring, irrigation ditch, municipal connection. In prior-appropriation western states, verify that documented water rights transfer with the deed. A stream on the property does not mean a right to use it. Contact your state's Division of Water Resources to verify any rights claimed by the seller.
Find it at: State Division of Water Resources, title report
What is the well's productivity and water quality?
Require a licensed pump test as a condition of purchase. A household needs a minimum of 3–5 gallons per minute for reliable domestic use; test in the dry season. Require a water quality test covering at minimum: coliform bacteria, nitrates, pH, hardness, arsenic, and lead. Request the well completion report from the state well records database.
Find it at: Pump test by licensed well driller; state well records database
Is rainwater collection legal in this state, and are there local restrictions?
Check the current state statute (not news articles) and ask the county planning department about any local restrictions. Colorado, Utah, and other western states have specific volume limits and registration requirements. HOA documents may add restrictions above state law.
Find it at: State legislature website, National Agricultural Law Center
Who owns the water rights to any pond or stream on the property?
Surface water and pond rights may belong to an irrigation district, a neighboring senior rights holder, or the state. In some states, a pond fed by groundwater is treated differently than one fed by surface water. Clarify before assuming on-site water is usable.
Find it at: State water agency, water rights attorney
Category 3 of 5
What do the soil types tell you about agricultural potential?
Run the parcel through the USDA Web Soil Survey (websoilsurvey.sc.egov.usda.gov). It maps soil types across the property and provides drainage class, crop suitability ratings, and amendment recommendations. Heavy clay, caliche, or shallow rocky soils significantly affect what can be grown and how much amendment is needed.
Find it at: USDA Web Soil Survey (free, online)
Will the soil support a septic system for the intended occupancy?
If no municipal sewer connection exists, a conventional septic system requires sufficient soil percolation. A failed perc test means no permit, no legal occupancy. Some soils require an engineered alternative system that can add $15,000–$40,000 to costs. Test before purchase, not after.
Find it at: County health department perc test (may require licensed contractor)
Are there wetlands on the property?
Wetlands — including seasonal ones that are dry most of the year — fall under federal jurisdiction via the Clean Water Act. Development restrictions are strict, and filling or draining wetlands without a permit can result in significant federal enforcement action and restoration costs. Check the USFWS National Wetlands Inventory and consider a professional wetland delineation for rural parcels.
Find it at: USFWS National Wetlands Inventory (fws.gov/wetlands)
Is any portion of the property in a FEMA Special Flood Hazard Area?
Properties in FEMA's Special Flood Hazard Area (SFHA, or "100-year floodplain") require flood insurance for federally backed mortgages, face development restrictions, and carry ongoing flood risk. Look up the parcel on the FEMA Flood Map Service Center (msc.fema.gov). Flood insurance costs in SFHA zones have increased significantly and continue to rise under FEMA's Risk Rating 2.0 methodology.
Find it at: FEMA Flood Map Service Center (msc.fema.gov)
How does the property drain — does it flood in heavy rain?
Walk the property after a rain if possible, or ask neighboring landowners about seasonal drainage. Note slope direction, any low spots that collect water, and whether drainage moves off the property or ponds. FEMA flood maps only capture designated floodplains — localized drainage issues appear in no database.
Find it at: Direct inspection; neighboring landowners
Category 4 of 5
What is the wildfire risk rating, and what does it mean for insurance?
State and county wildfire hazard maps classify properties by risk level. High-risk classifications require defensible space clearance, may restrict certain building materials, and increasingly result in insurance non-renewals or prohibitive premiums in California, Colorado, Oregon, and parts of other western states. Get insurance quotes before closing on any high-risk property.
Find it at: State forestry department hazard maps; USDA Forest Service
What are the relevant natural hazard exposures?
Beyond wildfire: identify hurricane or tropical storm exposure (Gulf and Atlantic coasts), tornado risk (central and southeastern U.S.), earthquake hazard zones (USGS Seismic Hazard Map), and landslide susceptibility. Each affects both structural requirements and insurance costs and availability. Factor these into long-term ownership cost estimates, not just purchase price.
Find it at: USGS National Seismic Hazard Maps; NOAA storm risk data; state geological survey
Category 5 of 5
How far is the nearest hospital, supply store, and veterinarian?
Drive the route in both directions and note the condition of the road in wet weather. Emergency response times in rural areas average 15–30 minutes vs. 7 minutes for urban areas — longer for remote properties. Factor this into both emergency planning and the realistic daily logistics of rural life.
Find it at: Google Maps; local county EMS department for response time data
What are the property taxes and are they likely to increase?
Request the current tax bill and the 5-year trend. Check whether the property has an agricultural tax exemption that would be lost upon change of use or ownership. Some rural counties assess property at low rates; others near growing areas have seen 50–100% increases in recent years as valuations rise.
Find it at: County assessor; state department of taxation
Is the title clear, and are the boundaries surveyed?
A current boundary survey confirms you're buying what you think you're buying. It reveals encroachments by or onto neighboring properties and confirms access. A title search and title insurance protect against undisclosed liens, ownership claims, and document errors. Both are standard in residential transactions; insist on them for rural purchases even when custom suggests skipping them.
Find it at: Licensed land surveyor; title company
Go deeper
Deeper coverage on prior appropriation, riparian doctrine, and how to verify what water rights convey with a western property.
Water rights guide →
What rural land realistically enables — food production, water independence, energy options — and what it realistically costs in time, infrastructure, and self-reliance.
Rural acreage guide →
How to read zoning code, what agricultural and residential zones typically allow, and how to work with the process when your intended use needs approval.
Zoning guide →