TERMS & CONDITIONS — SHEPHERD’S VALLEY HOMESTEADS

Welcome to Shepherd’s Valley Homesteads. By using this website, making a reservation, or participating in community activities, you agree to the following Terms & Conditions. Please read them carefully. If you do not agree, you may not use this site or participate in the Shepherd’s Valley Homesteads project.

1. Introduction

Shepherd’s Valley Homesteads provides information about a Christian-oriented homestead community planned in Summers County, West Virginia. The site allows users to:

Reserve a future homestead lease
Learn about the community, land, and development model
Receive updates on property viewing, lot selection, and homesteading guidelines

These Terms govern the use of this website, all services, and all reservation activities.

2. Eligibility

To make a reservation or participate in Shepherd’s Valley Homesteads:

You must be 18 years or older.
You must agree to these Terms and community behavior guidelines.
You must not use the website for unlawful activity or misrepresentation.
Participation is open to people of all backgrounds, but members must respect the Christian purpose, culture, and conduct guidelines of the community.

3. Reservation Fee and Securing Your Spot

The reservation fee secures your place in line for lot selection.
Your timestamp determines your selection order.
Reservation fees convert into your first month(s) of lease payments based on tier placement.
Making a reservation does not guarantee a specific lot, terrain suitability, buildability, or accessibility.

Nature of Reservation
A reservation holds a place in the lot-selection order only. A reservation does not:
• create a landlord-tenant relationship,
• grant any right to occupy, build on, or store property on the land, or
• constitute an ownership interest or option to purchase.

No right of occupancy arises until a separate written Lease Agreement is signed by both the Owner and the leaseholder and all required initial payments have been made.

Refundability of Reservation Fees
Reservation fees are refundable if the applicant decides not to proceed, provided they notify the Owner in writing within one week of the published finalized lease agreement. The final lease agreement will be announced by email, social media and on this website.

If a refund is issued, the Owner will refund the reservation amount minus any non-refundable credit-card or payment-processor fees that were charged on the original transaction.

If an applicant signs a Lease Agreement, or fails to respond or decide within one week of the published lease agreement, the reservation fee becomes non-refundable and will be applied toward the first month(s) of lease payments as described in the lease schedule.

Owner’s Right to Decline Applicants
The Owner reserves the right, in his sole discretion, to decline to enter into a Lease Agreement with any applicant whom the Owner reasonably believes would not be a good fit for the community or would pose a safety, legal, or financial risk.

If the Owner declines an applicant, the reservation will be cancelled and the reservation fee will be refunded (minus any non-refundable payment-processor fees), and the applicant will have no further rights or claims to a homestead at Shepherd’s Valley Homesteads.

4. Viewing the Property

Once the land is purchased:

You will receive an email with your scheduled viewing week.
You may walk, explore, camp, and study potential homesites.
The terrain includes steep slopes, rugged forest, and unimproved logging roads—visitation is at your own risk.
You must follow all safety instructions and avoid restricted areas.

5. Lot Selection

Lot selection begins after property closing.
Selection is conducted in strict reservation order.
Appointments may be in-person, phone, or Zoom.
Many lots require 4WD, ATVs, or hiking access.
The Owner retains final authority over boundary corrections, road adjustments, and community land placement for safety and practicality.

Community Land & Valley Parcel Use & Phasing

Shepherd’s Valley Homesteads includes shared community land, including valley acreage intended for agricultural and homestead use. Use of community land occurs in phases as the community develops.

During the early settlement phase, community land may be available for shared, temporary use. Such use is provisional and does not create permanent rights, exclusive claims, or entitlements of any kind.

Permanent fencing, permanent structures, or exclusive improvements on unassigned community land are not permitted prior to formal parcel assignment.

Valley Parcel Timing & Assignment

Each lease includes one (1) quarter-acre (¼-acre) Valley Parcel once the community reaches a stabilization threshold determined by the Owner.

Valley Parcels are not selected immediately upon lease execution. Formal Valley Parcel assignment will occur at a later date, following completion of homestead lot selection and once community occupancy, land use patterns, and access planning have stabilized.

Shared or temporary use of valley land prior to formal assignment does not imply entitlement, priority, or ownership interest.

Valley Parcel Selection Process

When Valley Parcel assignment begins:

Selection will occur in reverse reservation order to ensure fairness and access to desirable farmland.
Parcels will be shaped according to natural features including soil quality, water access, sunlight, drainage, and access paths.
Parcel suitability may vary based on intended use (gardening, livestock, greenhouse, etc.).

Leaseholders may voluntarily trade, lease, combine, or transfer Valley Parcel use rights with other leaseholders for terms not exceeding seven (7) years, after which use rights revert to the original leaseholder.

Authority & Adjustments

The Owner retains final authority to:

establish or adjust parcel boundaries
delay or modify parcel assignment timing
designate shared areas
resolve conflicts related to access, safety, drainage, or long-term land viability

All decisions will be made with the intent of fairness, safety, and long-term sustainability of the community.

6. Lease Payments and Pricing

Monthly lease payments begin according to your reservation tier schedule.
Payments are due on time; failure to pay may result in forfeiture of your reserved homesite.

Price and Payment Adjustments

The Owner may adjust future lease pricing for new reservations if economic conditions change (inflation, taxes, labor, materials, regulations, etc.). Such changes do not affect leaseholders who already have a signed Lease Agreement, except as expressly allowed in that agreement.

For long-term sustainability, the Lease Agreement will include a clause allowing modest adjustments to the $55/month Community Operations fee only if absolutely necessary to maintain essential functions such as:

property taxes
insurance
community wells and water systems
equipment maintenance
caretaker or security services

Any adjustment to existing leaseholder dues must:

be limited to covering documented operational shortfalls,
be approved by a majority vote of the Stewardship Board, and
be communicated to all leaseholders with reasonable notice.

This clause ensures Shepherd’s Valley can remain financially healthy for generations without burdening families unfairly.

Reservation holders who have not yet signed a lease may be offered an updated payment schedule before signing; if they decline, their reservation will be cancelled and refunded in accordance with the refund policy above.

7. Nonpayment Policies

All leaseholders are expected to remain current on their monthly payments (the first 36 months at $150/month, then $55/month for the duration of the 99-year lease).
A 3-month grace period applies to any missed payments.
If payments are not brought current within the 3-month grace period, the lease may be terminated and the homestead must be vacated.
No refunds are issued for past payments.
Lease continuation also requires adherence to the community behavior guidelines.
This policy ensures fairness to all participating families and protects the long-term stability of Shepherd’s Valley Homesteads.

No Squatter / Tenant Rights From Unauthorized Occupancy

Entering, camping on, storing property on, or constructing anything on the land without:
• a signed Lease Agreement and
• current payments and permission from the Owner

is considered unauthorized use and trespass, not tenancy. No “squatter’s rights,” adverse possession claims, or landlord-tenant protections arise from such unauthorized use.

The Owner may remove unauthorized occupants, structures, animals, or property from the land in accordance with applicable West Virginia law and may deny future participation in the community.

8. Land Use, Terrain, Access & Development Responsibilities

Shepherd’s Valley Homesteads consists of raw Appalachian mountain terrain. Leaseholders acknowledge and accept that development conditions vary widely across the property.

Each leaseholder is solely responsible for planning, constructing, and maintaining their own improvements, including but not limited to:

Homesite pads
Driveways, trails, or foot access
Utilities, which may include wells, springs, rain catchment, solar, generators, propane, septic, or composting systems
Structures of any kind, including cabins, tiny homes, RV pads, tents, or other dwellings

Shepherd’s Valley Homesteads does not guarantee that any homestead lot will:

Be level or easily buildable
Have direct vehicle or road access
Be suitable for conventional construction methods
Support a well or meet septic or percolation requirements
Be accessible year-round or in all weather conditions

Access to some areas may be seasonal, weather-dependent, or limited to 4WD, AWD, UTV/ATV, or foot travel. Snow, mud, rain, fallen trees, or other natural conditions may temporarily restrict access.

Community roads, trails, or access improvements—where they exist—are developed gradually, on a best-effort basis, and no timelines are guaranteed. Shepherd’s Valley Homesteads does not promise to construct or improve roads to any specific lot.

Some homesites will require creative, non-standard building approaches common to Appalachian mountain homesteading. Leaseholders accept the inherent challenges and responsibilities associated with developing land in rugged, undeveloped terrain.

Lot Boundary Flexibility and Roadway Adjustment Authority

Provisional Boundaries
All lot boundaries shown on preliminary maps are conceptual and subject to modification. Due to the steep and variable nature of Appalachian terrain, final lot configurations require on-site evaluation.
Adjustment Committee
Boundary and access adjustments may be proposed or approved by a committee consisting of:
- the Stewardship Board,
- a qualified mountain road builder or land engineer, and
- the Founder or his designated representative.
Grounds for Adjustment
Adjustments may be made for any of the following reasons:
- to establish safe and practical road access;
- to avoid unstable slopes, drainage paths, or unusable terrain;
- to prevent the creation of landlocked parcels;
- to place shared switchbacks, trails, or access corridors;
- to improve safety, fairness, or reasonable utility for all leaseholders.
Acreage Protection
All leaseholders shall receive not less than one acre of homestead land. Adjustments may alter shape, orientation, or precise location, but not reduce total acreage below this threshold.
Mandatory Nature of Adjustments
When the Adjustment Committee determines that a boundary modification is necessary for access or safety, all affected leaseholders agree to accept the revised configuration. These adjustments do not constitute grounds for refund, termination, or compensation.
Finality of Decisions
Once approved, adjustments are final and shall be incorporated into the permanent community plan and individual lease agreements.
Priority Equipment Access for Difficult Lots
Leaseholders assigned steep, landlocked, or otherwise challenging lots shall receive priority access to community-owned development equipment as it becomes available. This includes skid steers, mini excavators, sawmills, and related tools, for the purpose of establishing safe access and improving the usability of their lot.

Building Codes, Permits, and Regulatory Compliance

Shepherd’s Valley Homesteads is a land lease community and does not act as a builder, developer, contractor, or permitting authority.

Summers County, West Virginia is generally considered homestead-friendly, and certain rural or off-grid dwellings may not be subject to the West Virginia Uniform Building Code at the county level at the time of writing. However, regulatory requirements may vary by project type, utility connection, location, and future changes in law.

Leaseholders are solely responsible for:

determining which building codes, permits, inspections, or approvals may apply to their structures or improvements;
complying with all applicable county, state, and federal laws;
ensuring that any construction, installation, or land use meets legal, safety, and environmental requirements.

Shepherd’s Valley Homesteads makes no representation or guarantee that any particular structure, building method, or use of materials will be exempt from regulation, inspection, or enforcement, now or in the future.

Certain activities, including but not limited to well drilling, septic system installation, electrical service connections, road access improvements, or other utility-related work, may require permits, inspections, or filings with county or state authorities, even if the primary dwelling itself is not subject to full building code enforcement.

Regulatory frameworks may change over time. Leaseholders acknowledge that future changes in law, policy, or enforcement practices could affect building requirements or compliance obligations. Shepherd’s Valley Homesteads shall not be held liable for regulatory changes or enforcement actions beyond its control.

By entering into a lease, the leaseholder accepts full responsibility for due diligence, compliance, and any risks associated with construction or land use.

9. Livestock, Animals, and Homesteading

No livestock restrictions (goats, cattle, chickens, rabbits, etc.).
Owners are responsible for secure fencing and preventing animals from harming others or causing damage.
Predator risks exist (bears, coyotes, bobcats, foxes, raccoons, hawks). All who enter the property accept this responsibility.
Animal safety enclosures are strongly recommended.

10. Community Tools, Equipment & Improvements

The Owner may, at their discretion and as finances allow, acquire shared community tools and infrastructure over time. These may include, but are not limited to:

Tracked skid steer
Mini excavator
Portable sawmill
Crawler dozer
Community wells
Barns, pavilions, or storage structures

The acquisition, timing, availability, and scope of any shared tools or improvements are not guaranteed and depend on factors including, but not limited to, available funds, land payments, weather conditions, safety considerations, and operator availability.

Shared equipment is provided as a best-effort community resource, not as a construction service or obligation.

Use of shared equipment:

Requires cooperation and mutual respect among members
May require scheduling or coordination
Is subject to safety rules and operator approval
May be limited to experienced or designated operators
May be suspended due to weather, terrain, maintenance, or safety concerns

The Owner does not guarantee access to shared equipment for any individual member, project, or timeline. Members remain solely responsible for the development of their own homestead, including homesite preparation, access, utilities, and structures.

All community improvements are pursued gradually, responsibly, and timelines may change as conditions evolve.

11. Community Behavior & Conduct Guidelines

Members must:

Treat others with respect
Maintain peaceful Christian-oriented community values
Avoid reckless behavior such as dangerous driving, unsafe shooting, illegal activity, theft, intentional damage, or harassment
Ensure guests adhere to community behavior rules
Avoid excessive noise or disruption, respecting neighbors

Violators may be removed from the community at the Owner’s discretion.

12. Authority of the Owner and Stewardship Council

A Stewardship Council may be formed to help manage community issues.
The Council can mediate disputes, help plan community land use, and oversee shared improvements.
The Owner retains final decision-making authority to protect:
- Safety
- Legal compliance
- Financial stability
- Community mission & values

The Owner may veto decisions that endanger the project.

13. Safety Assumption & Liability Release

By visiting or participating in Shepherd’s Valley Homesteads, you acknowledge:

The land includes natural hazards (slopes, cliffs, trees, wildlife, rocks, water, mud, etc.).
You are fully responsible for your own safety, transportation, and tools.
Off-grid living involves inherent risks.
The Owner is not liable for injuries, accidents, or property loss.
You release the Owner from all claims resulting from exploration, construction, or homesteading activity.

14. Termination & Suspension

The Owner may terminate participation for:

Nonpayment beyond grace periods
Repeated violation of community rules
Dangerous, unlawful, or harmful behavior
Failure to comply with lease terms

Members may voluntarily withdraw but will not receive refunds for past payments.

15. Financial Transactions

All payments are processed securely through third-party providers.
Payment information is encrypted and not stored by Shepherd’s Valley Homesteads.
Sales tax is not typically applied to land lease payments. If any taxes are required by law for certain transactions, they will be handled in accordance with applicable requirements.
Additional services or physical purchases (if offered later) may be taxable.

16. Privacy Policy

Personal information is used solely for reservation management and community communication.
Shepherd’s Valley Homesteads does not sell or share personal data except as required by law.
Data is protected through industry-standard security measures.

17. Governing Law

These Terms are governed by the laws of West Virginia. Any dispute must be resolved in Summers County or the appropriate West Virginia jurisdiction.

Lease Type
Homesteads at Shepherd’s Valley Homesteads are offered under a long-term ground-lease structure, not a short-term residential rental. Leaseholders are responsible for constructing and maintaining their own improvements at their own cost and risk, subject to community guidelines and applicable law.

Nothing in these Terms is legal advice. Prospective leaseholders are encouraged to consult their own attorney regarding West Virginia property and landlord-tenant law before committing.

Shared Risk; No Guarantee of Continuity

Shepherd’s Valley Homesteads operates pursuant to a long-term ground lease model. Lease payments are used to fund operational expenses and service obligations related to the underlying land.

Leaseholders acknowledge and agree that participation in Shepherd’s Valley Homesteads involves inherent risks, including but not limited to economic downturns, changes in law or regulation, acts of government, natural disasters, force majeure events, or other unforeseen circumstances (“Black Swan Events”).

In the event that such circumstances materially impair the ability of Shepherd’s Valley Homesteads to continue operations, leaseholders may lose access to the leased property and any improvements made thereto, without compensation.

Shepherd’s Valley Homesteads does not guarantee the perpetual continuation of the project and makes no representations regarding the long-term availability of the leased land. Leaseholders expressly assume all risks associated with participation and acknowledge that this arrangement does not constitute fee simple ownership or a guaranteed property right.

Community Expectations and Assumption of Conditions
Shepherd’s Valley Homesteads is a rural, ground-lease homesteading community and is not a managed development, homeowners association, or provider of guaranteed services. Leaseholders acknowledge that conditions within the property vary and may include steep terrain, limited or seasonal access, undeveloped roads, and delayed or incremental infrastructure improvements.

Access roads, shared tools, utilities, and community resources are provided on a best-effort basis only and may change over time depending on weather, land conditions, community growth, and available resources. Shepherd’s Valley makes no representations or guarantees regarding access quality, construction timelines, or service availability.

By entering into a lease, leaseholders affirm that they are comfortable with rural conditions, assume responsibility for their own planning and safety, and understand that this community prioritizes adaptability, self-reliance, and cooperation over uniformity or convenience.

18. Surface, Timber & Mineral Rights — Terms & Conditions

Shepherd’s Valley Homesteads grants leaseholders the right to use the surface of their homestead lot for residential, agricultural, and personal homesteading purposes. Leaseholders may harvest timber, clear building sites, and use the wood to construct cabins, barns, sheds, fences, or other improvements on their homestead. Firewood collection and personal use are permitted.

However, all lease agreements are surface leases only. Mineral rights do not transfer to leaseholders, and no oil, gas, coal, or other subsurface rights are conveyed under this agreement.

Existing natural gas wells and associated infrastructure remain the property of the mineral rights holder and are not controlled or governed by Shepherd’s Valley Homesteads or its leaseholders. Leaseholders acknowledge these wells are present and agree not to interfere with their lawful operation, access, or maintenance.

Timber harvesting for personal use on the homestead is unrestricted.
Timber harvesting for commercial resale outside the community is subject to the following limitations:

off-property timber sale is not permitted during the initial 36-month lease payment period, except for personal construction needs
after the initial 36-months, timber harvesting is permitted
timber removal must not damage neighboring homesteads, shared access, or community land

These limits exist to protect the land, prevent speculative timber extraction, and ensure that leaseholders do not harvest timber and abandon the lease.

All timber remains under the stewardship of Shepherd’s Valley Homesteads until the completion of the initial 36-month lease period.

Leaseholders agree to:

comply with state and local laws regarding timber harvest
avoid interference with mineral rights holders
respect setback requirements around existing wells and access roads
maintain safety during timber operations

Violation of surface or timber use policies may result in lease modification, suspension of commercial timber privileges, or other remedial action necessary to protect the property and the community.

19. Amendments

Shepherd’s Valley Homesteads may update these Terms at any time. Continued participation constitutes acceptance of updated Terms.

⭐ 20. Agreement

By reserving an acre, you confirm that you:

Have read and understand these Terms
Agree to comply with community guidelines
Acknowledge that reservations are not land purchases but future lease rights and are not guaranteed until the property is acquired
Accept full responsibility for your own safety and homesteading activities on the property