There are many contributing causes for such a condition, particularly with country property in the older sections where wills and deeds were not always drawn with clarity and skill. Old second or third mortgages, presumably paid, for which satisfactions were never recorded; tax liens that have not been cleared; or possible interests of minority heirs under a will dating back a generation or more; are some of the most common causes for imperfect t.i.tles. But if one is patient and the seller is willing to cooperate, such clouds can usually be removed.
Sometimes one discovers a desirable piece of property with a cloudy t.i.tle due to a family feud or the stubbornness of the present owner.
Here it may be to the buyer"s advantage to obtain an option on it and engage a local lawyer experienced in real estate matters to perfect the t.i.tle. For example, two spinster sisters lived in their father"s old farmhouse. They were not at all averse to selling, but under the terms of their father"s will, a niece in a state inst.i.tution for the feeble minded held a life interest in the place. Her aunts grimly refused to sell and hand over the sum representing her interest to her guardian. "Alice has cost us plenty and never been anything but a source of worry. Not a dollar more of our money goes to her as long as we live. She is in an inst.i.tution where she belongs. Besides, her father was a rascal."
They were willing to sell at a price several thousand dollars less than like places in the neighborhood were bringing. So a prospective buyer negotiated an arrangement whereby he acquired an option to buy the property at this low price, provided he could make a settlement for the niece"s contingent interest at his own expense. It took about six months but at last a settlement was reached through the courts.
For about five hundred dollars paid to the guardian of the incompetent woman and an equal amount in court and lawyer"s fees, he obtained a quit claim deed of her interest that satisfied the requirements of the corporation that was to insure the validity of the t.i.tle. The day after the purchase was consummated, the new owner was offered a price for the property that would have given him a substantial profit above his investment and expenses, had he cared to sell.
Under such circ.u.mstances, however, the buyer should be sure the property is a good enough investment to be worth so much time and trouble and he should never embark on such an undertaking without the best possible legal advice. Most important of all, his contract to buy should be so drawn that ample time is allowed for the work of perfecting the t.i.tle. There should also be a provision allowing him to withdraw from the contract and to regain his option money, if clearing the t.i.tle proves impossible or there is too great expense.
Another detail that should be taken into account, especially with land once used for farming, is the possibility of old, half forgotten rights of way. In the legal argot, a right of way is a permission to cross property that has road frontage to reach fields, pasturage, wood lots, or the like which are otherwise without means of access. To be binding, of course, such agreements must have been recorded. Where they date back half a century and have been forgotten and unused for many years, lawyers are sometimes careless in their t.i.tle search and overlook them. This is a serious omission since they can suddenly be revived to the discomfort of a totally innocent buyer.
Some years ago a man bought a simple farmhouse as a summer home. One spring he discovered that a neighbor had acquired a cow and, night and morning, was driving it across his lawn and flower garden. At his indignant protests, the neighbor sarcastically pointed out an old gateway in the stone wall dividing their property and cited an agreement almost a century old that provided for a right of way for cattle across what was now lawn and flower garden. Of course reviving this right was a case of pure spite and eventually there was a law suit. The man with the cow came to terms, his own of course, and for a cash consideration relinquished his cow driving rights. Meanwhile the owner of the property had been put to some expense and plenty of annoyance.
With the final decision to buy a piece of property financial details come to the fore. An "all cash basis" is not uncommon these days and often brings a sizable reduction in the asking price. Where a mortgage is desired, fifty per cent of the purchase price must be cash for house and land, or the entire amount on unimproved land. With the latter, the mortgage lender will expect you to provide at least half of the total cost of the land and the proposed house. Gone are the days when country homes could be bought with first and second mortgages and very little cash. This type of financing was tried and found wanting during the late depression, since it led many people to commit themselves to payments they could not continue if reverses were experienced.
There are various kinds of first mortgages now being used to a.s.sist in financing the purchase of a country home. One of the oldest is the purchase money type. This is given the seller as part of the total price paid by the buyer. Formerly such mortgages were for a short term, three or five years, and payable in full at the end of that period. Now some of them are for longer periods and provide for monthly amortization charges by which the mortgage is paid in full by the end of the time specified.
The Federal Housing Administration mortgages, which are a recent New Deal endeavor to make funds for home buying or building safe and stable, are issued by local banks with the payment of interest and principle guaranteed to the bank through the operation of this government controlled agency. These mortgages are amortized over periods of ten, fifteen, and twenty years and the borrower must make specified monthly payments that include taxes, interest charges, and amortization. They are not available in all sections because some local banks hold that they conflict in details with other banking regulations. So far as the borrower is concerned, these mortgages are no different from any other similar method of financing. If payments are not made regularly and promptly, foreclosure proceedings will be started.
Large insurance companies or savings and loan a.s.sociations also issue fifteen to twenty year first mortgages, amortized over the period by monthly, quarterly, or semi-annual payments. The interest rate varies from five to five and a half per cent. If such a mortgage is arranged for a new house, architect"s plans and specifications must be submitted with the application for loan. The site must be free and clear of all mortgages or other obligations. Your own financial rating is looked up by the lender and, if satisfactory, the company issues a commitment that you can take to your local bank where definite amounts are paid as the work progresses; so much when exterior walls are complete; such a proportion when rough piping for plumbing has been installed; another amount when all lath and plaster has been finished; and so on until the final payment when the house is finished. Then the formal mortgage is executed and recorded. There are brokers who specialize in negotiating such mortgages. Their fee is about two per cent.
So much for the usual channels of financing. In addition, the buyer can still make his own mortgage arrangements with some investor who has money to loan if he knows such a person. Further, although second mortgages should be avoided if possible, they are sometimes issued where a buyer is considered a good risk but lacks sufficient capital to meet the fifty per cent cash requirement that prevails today. Such loans are not usually made for over twenty per cent of the appraised value and generally call for a higher rate of interest, six per cent.
They are also apt to be for a short term, two or three years, when they must be paid in full.
With both first and second mortgages, the lenders will inquire carefully into the financial responsibility of the would-be borrower.
They will want to know exactly how much of his own ready money he plans to use in the transaction. This is to be sure that he has a substantial equity in the property and will not be struggling under too great a financial burden.
Having perfected the method for financing your purchase, now comes the formal contract to buy. This is an agreement whereby you undertake to consummate the purchase at a future date, generally thirty to sixty days, at the agreed price. On executing such a contract, _which should be reviewed by your lawyer before you, as buyer, sign it_, expect to pay the seller through the broker ten per cent of the total purchase price. This is done on signing the contract. The time between signing this contract and the date set for the t.i.tle closing is employed for t.i.tle search and insurance, land survey and similar details. If the t.i.tle proves imperfect so that you cannot complete the purchase, your check is returned to you. As for the cost of t.i.tle insurance, the corporations issuing such policies have an established scale of prices. These vary slightly in different parts of the country. t.i.tle policies have generally replaced the old independent t.i.tle search by lawyers that had no elements of insurance. Where a company has already searched and insured the t.i.tle, reissue of the policy is made to you at about half the original fee.
The cost of surveying property is based on the amount of work involved. For surveying five acres of what was formerly farm land and that has never had its borders so measured and defined, the average charge today is from one hundred to one hundred and twenty-five dollars. Special conditions may raise or lower this. An established surveyor who knows the locality is, of course, the best person to undertake such work. His previous surveys of other adjacent properties can often enable him to locate and identify old boundary marks that some one not conversant with the locality might find baffling. Much country property is very vaguely described by old deeds. "Fifty acres more or less bounded on the east by the highway, northerly by land owned by Jones, westerly to that of or recently owned by Smith, and southerly by that of Brown," ill.u.s.trates roughly an old t.i.tle description. You may get forty-five or fifty-five acres, and it is up to you to establish just what fences and so forth are your actual boundaries.
A surveyor reduces all this to exact measurements and puts definite markers at the corners and wherever else the party lines change direction. When finished, he provides you with a certified copy of his survey in map form, giving distances and indicating location of his monuments. These are usually either iron stakes driven two or three feet into the ground or concrete posts about two inches square set in the ground and plainly visible. It is illegal to move such marks.
With t.i.tle clear and the survey completed, everything is ready for the t.i.tle closing, as lawyers call the time when t.i.tle to the property pa.s.ses from seller to buyer. The latter"s lawyer should have investigated and pa.s.sed on all steps prior to this and adjusted any minor details with the seller"s lawyer. The buyer and his lawyer and the seller and his lawyer should all be present at a t.i.tle closing.
The paid tax bills for the current year are first presented and any minor adjustments made. Then the buyer presents a certified check or actual cash for the amount he has agreed to pay. He also has a small amount of money on hand to meet any adjustments such as taxes, insurance, and the like. Lastly, the deed, which has been carefully reviewed by the buyer"s lawyer, is signed by the seller and, for better or worse, you have become a country property owner.
CALL IN AN ARCHITECT
[Ill.u.s.tration]
_CHAPTER IV_
CALL IN AN ARCHITECT
The prospective country dweller is now owner of a piece of property and his ideas are probably fairly definite as to how his home is going to look when his family is actually living there. But seldom is it a simple matter of gathering the household goods into a moving van, having them set down in the new place, and then going out on the terrace to watch the sunset while deft workers within set things to rights.
There may be no house at all on his new holding, much less a terrace.
At the time of purchase, an old mill, barn or other combination of walls and roof may stand in place of his imaginary home. Even a house in good condition usually needs a little renovation. During the negotiations for purchase, his lawyer kept him from legal pitfalls.
Just as important now in bridging the gap between what he has and what he wants is an architect.
If he has been consulted before purchase, so much the better. If not, it is high time to seek him out unless one happens to be a genius like Thomas Jefferson who could draft a Declaration of Independence with one hand and design a serpentine wall with the other. Such a person has no need of this book anyway and will long since have cast it aside. Most of us are just average citizens with some ideas which we want to put into concrete form but find difficult because we are either inarticulate or untrained.
That is what various specialists are for, and it is a wise man who realizes his own limitations. A sugar broker may have ideas about a portrait but he won"t try to paint it himself. He will commission a portrait painter, in whom he has confidence, to make a likeness of his wife or child as the case may be. Even more necessary are the services of an architect when building or remodeling a house. Trying to be your own architect is as foolish as drawing a sketch of little Jerry on canvas and then calling in a house painter to smear on a daub of blue for his coat, a bit of yellow for his hair, white for his collar, and just anything for the background. At worst, though, this futuristic result can be taken to the attic, turned face to the wall and forgotten; but a botched house won"t let you forget. You have to live in it along with your mistakes, day after day and, possibly, year after year. When and if you finally call in an architect and have them remedied or obviated, the cost will be considerably in excess of what his total fee would have been in the beginning.
So, find the best man practicing in the vicinity where your future home is to be located and cast your burdens on his drafting board.
Give him ample information as to what suits your fancy and conforms to your family needs. Then he can proceed with the preliminary sketches.
From these eventually will come the plan of action to be followed by the various artisans who will do the work. But house plans, whether for new construction, remodeling or renovating, do not spring from the drafting board complete and final overnight. They are based on more preliminary effort than most people without building experience realize.
This is particularly true of the country home. In cities and suburbs, building plots are more or less standardized units in a checker-board with two controlling factors, so many feet of street frontage and such and such depth. Local building ordinances sharply limit the type and size of structure. The country offers much greater lat.i.tude. Such matters as topography, location of existing trees, and points of the compa.s.s with relation to the main rooms of the house play important roles.
We well remember a dismal example of what can happen when these controlling factors are ignored. The owner was an opinionated man with a pa.s.sion for economy. House building was to him no mystery. It was just foundations, side walls, roof, stairways, interior part.i.tions and, of course, plumbing, heating and so forth. His house was "going to cost just so much and people who paid architects" fees for plans had more money than brains." Besides, he had seen a sketch and floor plans of a house in a magazine that were good enough for him. He knew a builder who could follow them and what more did one need?
[Ill.u.s.tration: A REALLY EARLY AMERICAN INTERIOR. THE GREAT FIREPLACE OF THE WAYSIDE INN, SUDBURY, Ma.s.s.
_Henry Ford_]
The little matter of relating the structure to the site concerned him not at all, nor did it enter his head that a house could face anywhere except towards the road. As for the contractor, it was not for him to reason why, but to build. So they went to work and a house entirely made up of good things done in the wrong way was the result. An outcropping of rock meant expensive blasting, so the magazine-pictured house was set firmly down almost on the roots of a fine row of old pine trees by the roadside. Through these the wind howled mournfully at night and by day their shade made the main rooms of the ground floor distinctly gloomy.
It was an ambitious house and the leaded gla.s.s windows of the living room faced north. So keeping its temperature at a comfortable point in winter was an added difficulty. The sunny southwestern exposure, being at the back, was given over to kitchen and servants" quarters. Lastly, the one pleasing prospect, a friendly little valley with a meandering brook, could only be seen to advantage from the garage. The architect"s fee had been saved but when, a little later, the owner wanted to sell, it took several years to find a buyer and then only at a price of half the money invested. The new owner consulted an architect with a gift for rearranging and so succeeded in mitigating the worst features and in taking advantage of the cheerful aspects inherent with the site. Like a good doctor or lawyer, an able architect can usually get you out of trouble; but the ancient slogan, "An ounce of prevention is worth a pound of cure," fits admirably here.
Do not, however, engage an architect as lightly as you would select a cravat. To him you are intrusting the task of putting your chaotic and half-expressed thoughts and desires into a set of plans that will guide and control masons, carpenters, plumbers, electricians, and painters in their work. As your professional adviser, it will be his job to bridge the gap between the date of purchase and the happy occasion when your household goods are deposited in a home embodying your ideas and wishes.
Obviously he must be in sympathy with those ideas. If you are building a new house on old lines or remodeling an existing structure with a century or more to its credit, don"t select a man to advise you who can see nothing but the newest and most modernistic types of architecture. Don"t be afraid to ask for evidences of past performances. Since no architect discards his plans and renderings, he will be glad to show you a few of them. Also in this initial conference, names of clients for whom he has executed commissions within the fairly recent past may be mentioned. It is sensible to consult two or three of these. If he has pleased them, he is probably fitted to undertake your problems. For solving them and knowing how to get desired results, you will pay him a fee that ranges from six to ten per cent of the total cost of the work undertaken. For special cases that involve unusual work, it may be slightly higher. The amount of the fee, as well as the dates at which portions of it become payable, will be settled in your initial interview.
There are occasional men, however, calling themselves architects who are not qualified. They have no degree from a recognized school; cannot qualify for registration in states where architects, like doctors, lawyers, teachers and other professional people, must have a state license to practice. Like other charlatans, such men are glib talkers but it takes real ability and thorough training to prepare practical plans and specifications. Here is where the dabster betrays himself. A little independent investigation may prevent you from putting your building problems into the hands of such an incompetent man.
The need of an architect where a new house is to be built or an old one completely remodeled is obvious. We are convinced that the same holds true where only minor changes, replacements and the introduction of modern conveniences are the program. Our own little country home is an example. The necessary alterations were so simple that it seemed ridiculous to ask architectural advice. There was nothing to the job but to install plumbing, move one part.i.tion, patch the plastering, and close chimney and other pipe openings cut in the days when stoves, rather than fireplaces, furnished heat.
We engaged a good local man who, with his crew of four or five helpers, was accustomed to doing everything from carpentry to plumbing. His labor charges were on a per diem basis and considerably under the union scale that then prevailed. Nothing was left indefinite. We understood exactly how the work was to be done and what materials we were to supply. In due time it was finished and we moved in. Two or three years later, we discovered some serious shortcomings.
For instance, the kitchen sink was hung in the wrong place and, because it was easier, all of the water pipes were placed on outside walls. This made no difference when the house was occupied only during the summer months but during the first winter we became experts in thawing pipes that "caught" whenever the temperature dropped to zero.
There was another economy that proved quite the opposite even before the work was finished. We had agreed that wherever the old lath and plaster were in bad condition, they were to be removed and replaced with a paper wall board then being widely advertised as an inexpensive subst.i.tute. But we had reckoned without the idiosyncrasies of an 18th century house. When the old lath and plaster had been cleared away, our handyman contractor discovered that the old beams and uprights were s.p.a.ced at eighteen-inch intervals, while our new wall board came in widths conforming to the sixteen-inch s.p.a.cing that has been standard with American house construction for a century. It was too late to return the wall board so new nailing strips, sixteen inches apart, had to be installed. This took time and when the so-called inexpensive subst.i.tute was finally in place, the total cost actually exceeded that of the more satisfactory lath and plaster.
Further, because n.o.body was at hand to prevent it, we lost a good part.i.tion of feather-edge boarding. It was between two of the bedrooms, concealed beneath several layers of wallpaper. When stripped, two or three cracks were found through which one could look from one room to the other. These could have been filled with wooden shims but the workmen did not stop to think of that. They ripped it out and put in a tight and modest part.i.tion of that ultra-modern wall board. It was well done mechanically and is still in place, but we mourn that original paneling of native white wood and continually keep an eye out for some like it.
Eventually, when all the mistakes of ignorance and lack of supervision have been corrected, we will have spent several times the total of the architect"s fee. So we are out of pocket and, except for relocating the water piping, we are still looking at and repenting most of the results of our false economy.
Thus, an architect is all-important with a house problem whether it involves a minor or major undertaking and it is logical to ask exactly what he does for his fee. Consider, for instance, his functions and services when a new house is to be built. As a beginning, owner and architect meet, inspect the site, while the architect, like any good diagnostician, asks questions. These deal with the type of house the owner thinks he wants, the number of rooms, baths, and so forth and, finally, the amount of money he is prepared to spend. He offers few opinions of his own at this interview but rather tries to read his client"s mind so that preliminary sketches and plans will approximate that mental picture.
A few days later, tentative sketches of a house designed to suit the location are submitted. Out of them grow the revised ones. It is highly improbable that his initial suggestions will suit you in every detail. It takes time and interchange of ideas before this can be accomplished. When they reach the stage where they represent the house you want, the architect prepares a complete set of working drawings, including floor plans and side wall elevations. These are drawn on a scale of one quarter of an inch to the foot. As soon as the drawings are finished, he drafts the specifications or bill of particulars as to materials to be used in the construction of the house. These with the plans form the basis on which contractors may submit bids for the work.