Buying a property with land offers exciting opportunities, whether it’s a family home with expansive gardens, equestrian facilities, a smallholding venture, or simply the allure of privacy. However, it also comes with complexities that can make the process challenging.

In this article, we’ve teamed up with Lucy Spollin, Residential Property Partner at leading law firm Trethowans, to provide expert insights into navigating the potential hurdles of buying a property with land.

The Importance of an Experienced Solicitor

One of the first steps when purchasing a property with land is to engage a solicitor who has experience in land transactions. From restrictive covenants to planning permissions, many factors could affect your property’s usability.

“I have spent many years working as a residential property lawyer, and in that time I’ve seen it all,” says Lucy. “You should talk to a lawyer at the outset of the home-buying process. I try to have a call or meeting with a new client right at the start, when they’ve only just come across a home they’re interested in.

“Bradbourne are excellent at setting the scene for me so I know how clients want to live and what they’re looking for. I get to know the clients, their lifestyle and interests, and what restrictions could potentially change the way they view a property.”

Understanding Potential Pitfalls

When buying properties with land, one of the most significant considerations is the existence of restrictive covenants. Covenants are obligations and stipulations which are often created to protect the value of land or preserve an area’s character, or characteristics, and could limit what you can do with the property.

“Covenants can have a really big impact on how a client lives,” Lucy explains. “Covenants are essential to review, they might date back 100 years or more, but they could still be enforceable.

“You might want to build something new, an extension or an outbuilding, or make changes to the house and make it your own. If you have historical covenants preventing you from extending the property, that can restrict your use of the property that you’ve envisioned from the outset.

“As your solicitor we explore potential restrictions for a property owner. Are there any ways to get around it? Do we have to pay somebody to lift the covenant? Do we have to pay somebody to consent to your plan?”

Additional considerations include planning restrictions, especially in conservation areas, and ransom strips, where a seller retains land that may require additional payments to use or access.

 

Investigating Rights of Way and Boundaries

Another critical area to assess is rights of way, such as footpaths crossing the land.

“If you have horses, for example, and a footpath runs through a paddock, or land that you envisage using as a paddock, that’s something we need to really think about,” Lucy notes. “I look into potential challenges for clients, and talk through whether they can live with it, or whether we can resolve that challenge altogether.”

Accurate knowledge of property boundaries is also essential. Historic maps and plans can sometimes be misleading, and clarifying the exact extent of the land you’re purchasing is vital.

Additional Land Considerations

Depending on your intended use of the property, additional factors might include:

Overhead powerlines or other infrastructure that could affect the land’s use.

Flood risk and drainage systems, particularly if you plan to build.

Access to utilities, such as water, electricity, and sewage disposal.

Ownership and use of surrounding land is another consideration. For example, if your property abuts farmland, you might want to understand the farmer’s crop rotation plans. Seasonal harvesting may bring dust and noise, there could be plans to diversify, or even sell the land for development, all of which could impact your enjoyment of the property.

Conclusion

At Bradbourne, we understand the unique challenges of purchasing prime properties with land. Our team specializes in sourcing properties that align with your needs, combining detailed due diligence, comprehensive surveys, and partnerships with experienced property solicitors like Lucy.

By identifying potential challenges early, we can leverage our extensive network of property professionals to ensure you have the right guidance throughout the process.

Working with a knowledgeable solicitor and an experienced buying agent, you can navigate these complexities and find a property that perfectly meets your needs.

If you’re considering purchasing a property with land, don’t hesitate to get in touch with us at Bradbourne. Together with experts like Lucy Spollin, we’ll help you turn your vision into reality.