According to the latest Statistical Digest of Rural England (September 2024) by the Department for Environment, Food and Rural Affairs, the trend of urban dwellers relocating to rural areas is on the rise. Over 12 million people now live in predominantly rural regions, with this upward-moving trend driven by the desire for a quieter, more scenic lifestyle that rural areas offer.
If you are considering buying rural property - whether to escape city life, expand your agricultural practice, or pursue new hobbies - it is essential to ensure that the property meets your specific needs. Sarah Dunlop, Partner and Head of Agricultural and Commercial Property, walks us through the key factors to consider during the evaluation process, helping you make informed and confident decisions.
Access
One of the key factors to consider when purchasing rural property is how it is accessed and who owns and controls the access route. This is a crucial aspect of rural property ownership. While some properties have direct access from a public highway, many rural properties are accessed via private roads or tracks, often crossing third-party land. It is important to assess whether shared access suits your needs and lifestyle. For example, is the access route wide enough for agricultural vehicles? Does it require maintenance, and if so, are you responsible for contributing to the costs?
Additionally, ensure that the access allows for the necessary usage, such as agricultural or vehicle access, and confirm whether there are any time restrictions or limitations on who else can use the route.
Rights
When purchasing rural property, it is essential to evaluate any third-party rights associated with it. Dorset, for example - known for its scenic and idyllic environment - has 4,700 footpaths, 1,700 bridleways and 37 byways, covering nearly 3,000 miles. Public rights of way could impact your property's privacy and restrict its usage.
Private rights are also an important consideration. For example, neighbouring properties may have the right to connect to your water supply or drainage system. You should investigate any maintenance obligations or payment requirements for these services and ensure the infrastructure is in good condition, as some specific laws and regulations must be followed.
Additionally, assess what services you require at the property. Does the property have the right to connect to water supply or drainage systems on neighbouring land? You may need to secure additional rights to ensure your property's water and drainage needs are adequately met.
Boundaries
A site visit is crucial before purchasing a rural property to confirm whether the legal boundaries, as marked on the title plan, align with the actual land and physical boundaries. Over time, boundaries can shift, leading to potential discrepancies between the legal documents and the real-world layout. This can result in costly boundary disputes, which are unfortunately common in rural property transactions.
It is also important to clarify who is responsible for maintaining the boundaries and to what standard. Are the current arrangements suitable for your intended use? For example, if you plan to graze livestock, ensure that fences or hedgerows are secure and appropriate for containing animals.
Development Potential
If you intend to develop the land, you should carefully evaluate any factors that might limit its potential. Is the property located in an Area of Outstanding Natural Beauty (AONB)? Are there listed buildings or planning restrictions that could impact your plans? Additionally, high radon levels in the soil, environmental concerns, or existing covenants may restrict development possibilities.
Other key considerations include:
- Insurability: Check if previous owners had difficulty insuring the property, for example, due to a thatched roof.
- Mortgageability: Ensure no restrictions, such as a lack of access rights, could prevent future you or future buyers from securing a mortgage.
- Environmental Issues: Investigate whether any animal carcasses have been buried on the land or if there are contamination risks such as hazardous substances, noxious weeds, or flood risks. Environmental issues can be costly to rectify and may affect the future use of the property.
How We Can Help
Seeking professional legal advice is essential to ensure that all legal aspects of rural property are thoroughly reviewed before purchase. From reviewing title documents to conducting site visits and ordering searches, a seamless legal review is critical to achieving your ideal rural lifestyle.
For further guidance, please contact Sarah Dunlop and our Agricultural Property team at 01258459361 or sarah.dunlop@blanchardsbailey.co.uk
Please also visit our Agricultural Property webpage for more information.
So, how can we help?
Whatever your requirements, our team is standing by.
Call us today on
01258 459361