On ‘Disc 1’, we reminisced over the Britpop summer of 1995 before considering the more mundane issues of water, sewerage, heating, rights of way and sporting rights to help guide you to your “…house… in the country”.
On ‘Disc 2’, we’ll kick back with third-party occupation, planning, tax implications, boundary and access.
- Third party occupation
Where a substantial amount of land comes with your purchase, the seller may have granted rights to others to use land, such as local farmers, equestrians and graziers.
A well-drawn-up tenancy agreement or licence should be in place. Rights can, however, inadvertently arise for those third parties to remain after expiry.
Your solicitor should ensure that there are no surprises!
- Future plans
The preservation of the beauty and integrity of our rural surroundings can bring restrictions and limitations on future development.
Your solicitor should advise you on any restrictions, perhaps through living in a national park. The reservation of mines and minerals to a third party can also impact any plans.
Did any previous development comply with planning and building regulations?
- Tax
Stamp Duty Land Tax (SDLT) is payable on all residential properties over £250,000.
With a “mixed-use” property, where a substantial amount of agricultural land has been used as such, the amount of SDLT you will have to pay may be significantly reduced.
- Survey and Boundaries
Always get a survey! The property might be listed or contain scheduled monuments or sites. Your solicitor should advise you on the implications.
Ensure you are comfortable with the extent of the land you are buying, the ownership and responsibility of boundaries, and whether any parcels have inadvertently yet to be registered at the Land Registry.
- Access
Many rural properties are not accessed from an adopted highway, which the local highway authority would maintain. This can lead to various issues over ownership, maintenance, and the right to access the full extent of the property, including any associated parcels of land.
You don’t have to roll with it. Your solicitor should ensure that such issues are revealed through targeted searches and enquiries and that your interests are protected.
For more information about this article or any other aspect of rural law, get in touch with your Napthens Solicitors in Preston, Cumbria, Fylde Coast, and across the North West, today.
