By: Mike Kennedy mkennedy@railey.com 301-616-6106 October 22nd, 2009 Category: Deep Creek Lake Buyer Info, Deep Creek Lake Real Estate, Garrett County Real Estate

Buying a vacation or second home in the Deep Creek Lake or Garrett County area can be the attainment of a life’s goal and it’s often a rather sizable investment as well. A strategy to protect this investment should be incorporated into your real estate buying process. One strategy often overlooked and misunderstood is title insurance which can help protect your real estate purchase.

What is Title?

Title is the legal evidence, of right, that a person has to the ownership and possession of land. Since it is possible that someone other than the seller could have legal right to the property you are buying - undisclosed problems could remain even after a careful title search in the public records. These hidden defects can sometimes be found months or even years later in some cases.

A Lender’s Title Insurance Policy Does Not Protect You

If you are borrowing money from a bank to complete your real estate purchase the lender will only require that you purchase a lender’s policy - which only protects the lender and their lien. A lender’s policy does not protect the property owner! Make sure you ask your  settlement attorney or title company for a quote on an Owner’s Policy as well.

Title Insurance Costs

The one time premium for an Owner’s Title Policy is related to the value of the property so it can vary widely in the Deep Creek area. It’s typically on a scale of $1,000 for a $300,000 purchase - and around $3,000 for a real estate purchase of $1,000,000. It is a one time expense that you pay at settlement but it provides coverage for as long as you or your heirs own the property.

Basic Title Insurance Coverage Protects Against

• someone claiming an ownership interest in your title.
• leases, contracts, or options affecting your title.
• someone claiming to have rights affecting your title due to forgery, impersonation, or fraud.
• someone having a right to limit your use of the land.
• unmarketability of your title.
• a defective title.

In addition, a newer enhanced Owner’s Policy provides coverages against  losses caused by zoning violations, subdivision violations, and building permit violations to name a few.

It’s important to ask your settlement attorney or title company what you are covered against and whether or not they are quoting a basic Owner’s Policy or an expanded “enhanced” Owner’s Policy. If you need help, give us a call or send us an e-mail - we’ll get you in contact with one of the local title companies.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 October 5th, 2009 Category: Deep Creek Lake Buyer Info, Deep Creek Lake Real Estate, Garrett County News, Garrett County Real Estate, News, Wisp Real Estate

Garrett County Officials recently unveiled a number of zoning and subdivision ordinance proposals representing some of the most significant changes in county history. A Public Information Meeting is planned for the evening of October 14 - 7:00 pm at Garrett College - where county officials will roll out the draft ordinances for public review. Further details on the proposed zoning and land use changes can be found on the county’s web site by clicking here.

Scenic Protection Overlay District

The county is proposing sweeping new restrictions in the Deep Creek lake watershed zoning area designed to minimize the visibility of hillside homes from the lake. A “Scenic Protection District” will be applied to twelve areas that exhibit certain slope and view characteristics. People who build homes in these areas may need to plant trees to obscure the visibility of the home from the lake and restricting the view from the new home by up to 80%. The Deep Creek Lake Scenic Protection Overlay District map can be found here.

Expansion of Rural Agricultural and Resource Areas

The county will reclassify a large part of the land in Garrett County into these two categories and provide additional subdivision standards that foster agricultural and natural resource preservation. Some of the more controversial provisions are a mandatory 66% to 80% open space set aside and mandatory clustering of new housing development. According to county officials, provisions will also be made to facilitate estate planning and to assist landowners to do some minor subdivision for economic reasons.

New Commercial Building Design Standards

New standards regarding materials, roof styles and other aspects of building design will be codified and applied to new commercial construction in the lake watershed. Questions have been posed as to the applicability of these standards to other non-residential buildings and there may be action to extend the standards to all non- residential buildings. New home construction will not be affected by this change.

Reclassification of the LR-Lake Residential District

The existing LR district will be split into LR-1 and LR-2. The LR-1 will retain the existing Lake Residential standards and includes all areas bordering the lake or which will be served by county sewer service. The LR-2 will have the minimum lot size increased to two acres with septic systems. A map of the affected areas is available through the county’s web site.

The proposed changes will have a lasting impact on real estate in the Deep Creek Lake area and throughout Garrett County including unzoned areas. Some of these changes will restrict property owner’s rights and potentially impact values. We highly recommend that property owners familiarize themselves with the changes, ask questions, and register your comments!