The Rural Voice, 1988-03, Page 26"SELLER BEWARE"
A CASE STUDY
of a FARM SALE
When Cecil Bruinsma
found a buyer for a 100 -
acre farm property in April
of 1987, he had no idea he
had seven months worth
of time and trouble ahead
before the deal could be
finalized. He also had no
idea that he'd end up foot-
ing a bill for $2,365 — not
to mention a hefty lawyer's
fee — on the private sale.
But that's all behind Cecil and
Diane Bruinsma, and in retro-
rospect it's a case of "seller
beware." What they're concemed
about is warning other fanners about
the potential pitfalls. "Anybody
considering selling some land should
first look into what it's going to cost
them," Cecil says, looking ruefully at
the scattering of notices and legal
papers spread out on his kitchen table.
Looking back, the situation is
nobody's fault. Yet Cecil Bruinsma
questions planning requirements that,
while involving him in so much red
tape, didn't serve any practical pur-
pose in his case. He notes, for exam-
ple, that if he'd put the property in his
wife's name when he bought it, he
wouldn't have had the headaches over
severance. He also says that the muni-
cipal by-laws set up to control urban
development on agricultural land
aren't functioning as intended.
Part of the Bruinsmas' problem
arose because in Colbome Township
today, a secondary plan is in effect. It
was a by-law in that secondary plan
that made the delay of Bruinsma's
farm sale longer than usual.
In the past ten years, in fact, many
townships have implemented their
secondary plans, and others are in the
process of doing so. These plans take
priority over county plans and the
provincial Planning Act, in that they
amend the county plan according to
needs particular to individual munici-
palities. A farmer in a township that
has its secondary plan in place, says
West Wawanosh Township (Huron
County) councillor Rhea Hamilton -
Seeger, should examine the plan
thoroughly before making property
changes. And farmers in townships
that have not yet brought secondary
plans in should watch carefully when
their township distributes its plan.
"In the 1950s," Hamilton -Seeger
says, "growth and development was
encouraged above all else. In the '60s
and early '70s we started seeing the
effects of this rampant and sometimes
haphazard development. Now, in the
'80s, planning is in place and in rural
areas especially the future is being
considered very closely and planned
for accordingly."
"The sale of farm land," she adds,
"is much more than a simple legal
transaction. Secondary plans restrict
farm sizes and unless you know all the
restrictions on your own farm you
would be best advised to check with
your local municipal clerk and plan-
ning office."
But let's map out the Bruinsma's
situation which, while unique, is a
useful case study. It's complicated,
but then that is the point of Cecil
Bruinsma's story. The Bruinsmas
farm at R. R. 4, Goderich in the town-
ship of Colborne, Huron County.
They have a dairy barn and house on
Lot 9, Concession 1, and also own the
lot on the other side of the road.
Directly behind the home farm are
two properties, the east half of Lot 31,
Maitland Concession, and part of Lot
30 (see map). Bruinsma bought these
last two properties in 1981. It's one of
these two acreages that Bruinsma says
he might have been well advised to
put in Diane's name).
The property on Lot 31 is the farm
that was officially sold on December
10, 1987. The 100 -acre farm includes
a house and barn and is set up for a
farrow to finish operation. On April 1,
1987, Bruinsma agreed to sell the farm
to Art Boekee, a young farmer who
had been renting the buildings for two
years, and his wife, Jeanette.
24 THE RURAL VOICE