Open Rnage Disclosure
=> Purpose of Disclosure
The purpose of the Open Range Disclosure is to inform the prospective buyer of a home or an improved or unimproved lot adjacent to open range that livestock are permitted to graze or roam on the property. Open range means all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam. It also serves to inform the prospective buyer that the parcel may be subject to county or State claims of right-of-way, (commonly referred to as R.S. 2477 rights-of-way) including rights
-of-way that may be unrecorded, undocumented or unsurveyed; and used by miners, ranchers, hunters or others, for access or recreational use, in a manner which interferes with the use and enjoyment of the parcel.
=> Who must provide the disclosure?
A seller must disclose, in writing, to a potential buyer of property adjacent to open range, that livestock grazing on the open range are permitted to enter the property; and that the parcel may be subject to county or State claims of right-of-way.
=> When is it due?
The disclosure must be provided to the potential buyer, with the requirement that the buyer sign the disclosure form acknowledging the date of receipt of the original disclosure document, before the sales agreement is signed.
=> Additional Information
The disclosure acknowledges fencing the property to keep livestock out and recognizes the property owner’s entitlement to damages if livestock enter a fenced property but warns against harming roaming livestock even on a fenced property.
The law requires that the seller retain a copy of the disclosure document that has been signed by the buyer acknowledging the date of receipt of the document, provide a copy to the buyer, and record the original disclosure document containing the buyer’s signature and the seller’s notarized signature in the office of the county recorder in the county where the property is located.
This disclosure informs buyers if the property is adjacent to open range land where livestock may roam. It emphasizes the buyer’s responsibility to construct fences to prevent livestock intrusion and the legal implications of harming livestock.
