Your country escape awaits. Here’s what you need to do first
Are you planning your dream escape to the country? Whilst there will no doubt be an abundance of benefits, there may also be some challenges with your new home. In this post, we break down some of the key things you and your conveyancer need to know about.
Rights of access
One important legal technicality relates to rights of access. Securing your dream country property is not much good if you can’t access it!
Many rural properties are accessed via unadopted roads or tracks. In these cases, buyers will need to check they will have relevant rights of access, as well as finding out what maintenance provisions are in place and whether anything is payable to the owners of the access.
Similarly, buyers should walk the boundaries of their property and note any discrepancies between the boundaries on the ground and the title plan. It is not uncommon for boundary features such as hedges and stock-proof fencing to be moved to accommodate farming activity.
Of drainage and drinking water
Many rural properties are “off grid”. This might mean you will have a private drainage system or private water supply.
Before signing on any dotted lines, buyers should check what sort of system is in place and whether it is compliant with current environmental regulations. It is important to be aware that many older private draining systems are no longer compliant, following changes to the regulations. Replacing or upgrading these systems to make them compliant can be expensive.
Drainage
Buyers should consider having a private drainage survey carried out which will confirm the type and location of the system, and whether any works are required to bring it up to standard. Some rural properties share use of a private drainage system with their neighbours, and buyers should check who the system is owned by and whether there are any obligations to contribute to maintenance or replacement
Water
Buyers should check how water is supplied (e.g. borehole, well or spring) and, if the source and supply pipes are situated on a third party’s land, that the relevant rights to the supply are in place. Private water supplies can require regular and costly maintenance. The water quality of the supply should be tested at least every five years to ensure it is safe to drink. Buyers should also be aware that private water supplies can sometimes dry up during hot weather or from overuse of the supply which could leave the property without clean drinking water.
Little things with a big impact
Check too how the property is heated. Many rural properties do not have a mains gas supply and instead rely on oil or LPG requiring regular deliveries.
Connectivity can be a similar issue. High-speed broadband and mobile signal can be limited in some rural areas, so it is always best to go into a purchase with your eyes wide open about exactly what you’ll get.
Is this building listed?
A large proportion of listed buildings are located in rural areas. Where a property is listed, it is necessary to obtain listed building consent from the local authority for demolishing it or any part of it or for altering it in any way that may affect its character whether inside or out. This applies not only to the buildings or structures attached to the main listed building, but also to independent structures within the curtilage (if erected prior to 1948).
Carrying out unauthorised work to a listed building is a criminal offence punishable by fine or a prison sentence and the local authority can require the owner to put the building back as it was. There is no limitation period for enforcing breaches and liability “runs with the land” which means that an innocent purchaser will be liable to remedy any unauthorised works.
Buyers should be aware that if they intend to carry out work (with listed building consent) the cost of the work can be inflated by reason of any requirements to use specialist materials.
Other restrictions may relate to occupation itself. Some rural properties, especially those situated on farms, may have restrictions imposed on them by the Local Planning Authority which limit the occupation of the property. These agricultural restrictions are put in place to prevent a property being used for anything other than a dwelling for an agricultural or forestry worker
Thatched properties
Buyers should investigate house insurance costs by approaching insurers who specialise in thatched roofs. If the property is a listed building, or is situated within a conservation area, there will be certain guidelines when it comes to re-thatching.
Buyers should have the flue and chimney inspected by a professional to ensure that the brick or stonework and lining is in good condition and should get a full electrical check done by a qualified electrician. Most insurers will require an inspection of electrical circuits every 5-10 years.
Neighbouring land use
A buyer should research surrounding activities to understand the full context of their rural idyll. For example, an intensive farm nearby may lead to unexpected noise, smells or heavy vehicle traffic.
If there is a watercourse within or on the boundaries of the property a buyer should be aware of their rights and obligations as a riparian owner.
Get in touch
As you can see, there is a lot to consider before you get the keys to your new country home. To tick all the boxes, you need to work with a legal expert who looks at the fine print and goes beyond a surface-level inspection.
At Attwaters, our specialist Residential Property solicitors can help you with every aspect of your escape to the country. Get in touch today on 0330 221 8855 or email us at residentialpropertydepartmentemail@attwaters.co.uk.
