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10/17/2017

ROAD EASEMENTS AND MAINTENANCE AGREEMENTS
by Keith Dunnigan--ATTORNEY

Sometimes people trade City life for rural life. And many times those trades come with issues that are unique to larger rural parcels. Where urban development is often in the form of small subdivisions, rural properties tend to be larger. They can also tend to be less accessible and many rural lots lack urban services such as water delivery and sewer, which means well drilling and septic system. It also means possible access easements, road maintenance agreements, well and and irrigation easements.
RURAL SUBDIVISIONS MAY POSSESS ACCESS EASEMENTS TO PROPERTIES. i.e. One owner may be granted permission to cross over another owners property for the purpose of use. Access is one of basic tenets of property ownership and is such an important issue that common law has long recognized the theory of "easement by necessity". This means that if property is land locked and one is not able to reach their property from a public access road, then the court has the ability to place an easement over an adjacent parcel to afford the owner access. THE POLICY IS THAT PROPERTY IS SO UNIQUE AND VALUABLE THAT AN OWNER SHOULD NOT BE PRECLUDED FROM ACCESS BY OTHER PROPERTIES.

The more prevalent argument in rural properties is easement by prescription.
This type of easement is created by use over time. The basics are, the owner claiming easement by prescription states that they or their predecessor have been using the easement for more than five consecutive years (often times it is much longer time period) and that the use was open, notorious and hostile (without permission of the owner or against the express directives of the owner). If all the needed elements are met then the court creates a prescriptive easement. Generally speaking Prescriptive easements are restricted to the use that created the easement , it cannot be expanded/ and owners once being the victim of a prescriptive easement tend to be very diligent to insure that the use is not expanded.
PURCHASING ANY TYPE REAL ESTATE, ESPECIALLY IN RURAL LOCATIONS, ACCESS SHOULD BE OF SIGNIFICANT IMPORTANCE. food for thought; Road Maintenance Agreements - These agreements should exist in common access areas but often do not.
ALL INTERESTED PARTIES TO VERIFY ALL/ANY INFORMATION AND SATISFY SELF.

10/16/2017

Peak 1031 Exchange; contacted me with the following interesting information; these changing days force disclaimers, all information is subject to change without notice!

THE IMPACT OF YEAR-END CLOSINGS ON NORMAL EXCHANGE PERIODS.
Be advised, if the sale on your relinquished property closes between October 18th and December 31st, the normal exchange period of 180 days may be shortened. Internal Revenue Code 1.1031(k)b-1(b) (ii)-offers the following explanation:
"ii) The exchange period begins on the date the taxpayer transfers the relinquished property and ends at midnight on the earlier of the 180th day thereafter or the due date (including extensions) for the taxpayer's return of the tax imposed by chapter 1 of subtitle A of the code for the taxable year, in which the transfer of the relinquished property occurs."

In simpler terms, the exchange must be completed within 180 days of the sale of property UNLESS your filing deadline (April 15th for most taxpayers) occurs first, in which case, the exchange period will instead expire on April 15th.

Here's an example: an investor sells property on December 11th "2017" as part of a 1031 exchange. The 180th day thereafter is June 9th, 2018. Unfortunately, the investor does not have until June 9th to complete the 1031 Exchange transaction; the April 15th tax filing deadline occurs before the 180th day of June 9th. If, however, the Exchanger requests an extension of time to file his tax return, he will get the benefit of a 180-day exchange period. You can find the guidlines on filing for an extension here (http://www.irs.gov/taxtopics/tc304.html).

If your relinquished property is scheduled to close between October 18th and December 31st of 2017, don't lose out on your full 180-day exchange period. Make sure you file for an extension on or before April 15th, 2018. As always, be sure to consult with your tax advisor and attorney on this and other 1031 Exchange-related transactions.
(ALL INTERESTED PARTIES TO VERIFY INFORMATION)

Topic Number: 304 - Extensions of Time to File Your Tax Return There are three ways to request an automatic extension of time to file your U.S. individual income tax return. You must request the extension of time to file by the regular due date of your return to avoid the penalty for filing late. An...

10/07/2017

Information provided by SACRAMENTO COUNTY OFFICE OF THE ASSESSOR; (916) 875-0700
Supplemental Assessments reflect any increase in assessed value due to a change in ownership or completed new construction. These values become effective as of the first day of the month following the change in ownership date, or the new construction completion date.
Supplemental assessments result in tax bills that are "in addition to" (supplemental to) the annual tax bill that is sent to property owners in October.
SUPPLEMENTAL EVENTS;
Changes in ownership or new construction activities that trigger supplemental assessments are referred to as "supplemental events"
CHANGE IN OWNERSHIP IS;:
the sale or transfer of a property.
Certain forms of property transfer are not subject to reassessment. These exceptions include:
* Inter-spousal Transfers
* The addition of joint tenants
* The transfer, sale or inheritance of certain properties between parents and their children or grandchildren when an application for exclusion is filed with the assessor.
* Transfers between registered domestic partners.
NEW CONSTRUCTION IS;
* Any improvement to real property, such as adding a room, pool or garage
* Any alteration which restores a building or other improvement to the "substantial equivalent of new" (such as completely renovating a building)
* An alteration that changes the way a property is used (e.g. a residence is converted to a retail store, or a garage is converted to living area)
Only The Newly Constructed Portion May Be Reassessed.
REASSESSMENT;
A supplemental event results in reassessment.
When a property is reassessed, the assessor determines the fair market value of the portion that is newly constructed or that changed ownership, based on the event date. Once the new assessed value of the property has been determined, the assessor will send a Notice of Supplemental Assessment that will show the new assessed value, as well as the net supplemental assessment amount.
A Reassessment May be;
* An assessed value increase resulting in a supplemental bill(s)
* An assessed value decrease resulting in a supplemental refund(s)
* Retaining the same assessed value (no change)
SUPPLEMENTAL TAX BILLS;
Depending on the date of supplemental event, either one or two supplemental tax bills will be produced:
* Supplemental events that occur between January 01 and May 31 will generate two supplemental bills.
* Supplemental events that occur between June 01 and December 31 will generate one supplemental bill.
Taxpayers may also receive more than one supplemental tax bill if more than one supplemental event has occurred in a fiscal year. If this occurs, the bills are prorated between each owner for the period of time the property was owned.
EXAMPLE;
New value at date of purchase or completion of construction:$320K.
Prior Assessed value on current main tax roll: - $200K
Net supplemental Assessment increase will be: =$120K
If the net supplemental difference is a positive amount, ia bll will be generated if the bill amount is over $10.
If the net supplemental difference is a negative amount, a refund will be generated if the amount of the refund is over $10 and the annual tax bill has been paid in full.
COMPUTATION OF SUPPLEMENTAL TAXES;
The formula for calculating a supplemental tax amount is shown below;
(Amount Of Net Supplemental Assessment) x (Tax Rate) x (Monthly Factor)
THE AMOUNT OF NET SUPPLEMENTAL ASSESSMENT is the new assessed value, minus the prior assessed value, minus any exemptions allowed.
TAX RATE IS 1% plus recapture factor for any voter-approved bonded indebtedness. Most tax rates in Sacramento County are between 1% and 1.20%
THE MONTHLY FACTOR represents the number of whole months remaining in the fiscal year after the month of the supplemental event. The chart below shows theses factors.
MONTH (FACTOR)
January (42)
February (33)
March (25)
April (17)
May (.08)
June (1.00)
July (.92)
August (.83)
September (.75)
October (.67)
November (.58)
December (.50)
PAYMENTS;
The full amount of each tax bill installment must be paid to the Tax Collectors Office. Partial payments are not accepted.
Payment due dates are printed on the tax bills and penalties are added if payments are not made by deadlines.
If property taxes are paid through an impound account (i.e. with mortgage payments), it is important to note that mortgage servicing agencies DO NOT RECEIVE THE SUPPLEMENTAL TAX BILL. Supplemental tax bills are sent directly to the property owner. Only annual tax bills bills mailed in October are sent to lenders. The supplemental tax bill is in addition to the annual bill--Both bills must be paid.
Filing for a review or appeal (see Below) does not relieve the taxpayer's obligation to pay the taxes on the subject property, on or before the bill due date.
INFORMAL ASSESSOR REVIEW;
Prior to filing an appeal, if a taxpayer disagrees with a supplemental assessment, it is recommended to file a no-cost informal review with the assessor as soon a s possible upon receiving the "Notice Of Supplemental Assessment". If the taxpayer can provide timely and convincing evidence that the assessment was incorrect, the assessment may be corrected without a formal appeal hearing.
APPEALS;
Supplemental assessment appeals must be filed with the Appeals Board (not the Assessor) within 60 days of the mailing date shown on the supplemental bill or the refund check. A non-refundable processing fee is due at filing.
All information subject to verify for all interested parties.

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