Property Lawyers specialising in the purchase and sale of land for your home or development
Buying land is a significant investment, so it’s essential to get it right. The legal processes involved in purchasing land are full of traps for the unwary. In particular, there are often rights and liabilities attached to land and you should ensure you fully understand these before you buy. But, if you navigate them effectively, the rewards can be considerable. Whether you’re contemplating buying land to build your own house, extend your existing home or garden or for development purposes, working with experienced land purchase solicitors, like us, can be the difference between the success and failure of your venture.
For no strings attached FREE initial phone advice about any aspect of buying land, call our Land Purchase Solicitors now on FREEPHONE 0800 1404544.
How our Solicitors can help you in buying land
Here at Bonallack & Bishop, our 28 strong property team regularly represent clients nationwide in wide-ranging transactions when buying and selling both land and property. This includes:
· Buying land for development, including brownfield land purchase and greenfield land purchase
· Buying land to build your home
· Buying land for investment
· Buying agricultural land
· Buying land next to your home
· Conditional contracts
· Dealing with finance for purchase of land
· Option agreements – click here to read more about Land Option Agreements
· Overage agreements
· Promotion agreements – click here to read more about Land Promotion Agreements
· Selling land
We look at why it is so important to have an expert solicitor for buying land to represent you and some of the points to be aware of.
What issues can land purchase solicitors assist with?
Preparation is key when it comes to buying land. Instructing experienced land purchase solicitors from day one to handle your conveyancing will ensure you make all necessary enquiries and get hold of all the information you need to make an informed decision about your proposed purchase.
The types of issues you must consider before proceeding with any land purchase include the following:
· Can you use the land as you wish?
Before starting the process of buying land, you must have a clear strategy for your future use of the land. You can then focus your search on land for which your proposed use is permitted.
For example, when seeking a large plot of land, an obvious starting point is a rural area with plenty of open space. However, much of the countryside in England falls under the classification of ‘agricultural land’. Agricultural land is heavily regulated. Getting permission to build on it or change its use can often be an uphill struggle.
And the planning process itself is often uncertain – so make sure you get specialist advice from experienced town planning experts in advance about your chances of success.
· Does the land have planning permission?
Planning permission can make or break a deal for the sale of land. Plots with existing planning permission are far more desirable than those without. Invariably, this will be reflected in the purchase price. Land land with planning permission can carry a hefty price tag.
Sometimes, the planning permission is simply an ‘outline’ planning permission. This means that the authority has agreed to the development in principle, but you would need to put forward specifics and clear the final details if you bought the land.
If a plot of land does not have planning permission, you must question why. The reasons might be perfectly valid – no one has ever applied for it, or a previously obtained outline planning permission has expired, for example. Equally, however, there may be a fundamental problem which might prevent your proposed use of the site.
Experienced land purchase solicitors will conduct the relevant enquiries into the planning permission situation and advise accordingly.
· Is the land a brownfield site or a greenfield site?
There are several different types of land in England. The main two are known as ‘brownfield land’ and ‘greenfield land’. When looking for land to purchase, it is crucial to understand the differences between these types of land and identify which is more suitable for your project.
Brownfield Land
Brownfield land is usually urban land that has been abandoned or underused, often comprising derelict buildings.
Buying brownfield land can make economic sense for several reasons. Firstly, crucial infrastructure, such as drainage, roads and electricity, may already be in place. Further, obtaining planning permission is often fairly straightforward since the land will have undergone development in the past.
On the other hand, a brownfield site can, in some instances, prove an expensive option. Any existing utilities might turn out to be a curse rather than a blessing if they are inappropriate and need to be removed and replaced. You may also need to undertake a costly clean-up exercise to remove any contamination or environmental hazards before you can begin your project. Buying the site of a disused petrol station to build residential property is a good example of this.
Greenfield Land
Greenfield land is land that has no one has ever built on. It includes greenbelt land.
This kind of virgin land offers purchasers a blank canvas to work with. Having never been developed before, there are no clean-up costs or existing utilities to deal with.
However, securing planning permission for greenfield land can be an arduous, expensive process, without any guarantees of success. Further, if the greenfield land is particularly rural, there may be little to no infrastructure in terms of roads, public transport and the like. And that can really affect the desirability of any future development.
Our property solicitors have extensive experience working with clients buying both brownfield and greenfield land. They understand not only the legal requirements relating to each, but also the practical realities. Their input can be invaluable when deciding on the most suitable type of land.
· What does the survey show?
Prevention is better than cure in the context of land purchase. Empty, open fields might not look like much of a hazard risk, but they could be hiding unpleasant surprises beneath their unspoilt charm.
A survey can show where the boundaries are on the ground, which might not correspond to those on the legal plan. The surveyor will be able to check this and let you know if there are discrepancies. A land survey can also show features such as pylons and fences and the slope of the ground. So getting the land properly surveyed sooner rather than later is crucial.
At best, the survey will give you peace of mind that all is as it should be. At worst, the results will uncover issues that render the land purchase unwise.
Your land purchase solicitors will help you understand the results of your survey and advise on the best course of action in the circumstances. In short, a land survey is essential to avoid nasty surprises later on.
· What utilities are available
If you plan to build on the land, you will also need to consider what utilities are available nearby that you can connect to. Sometimes, you may need to approach adjacent landowners to request permission for utilities to cross their property to reach yours. This is something you will need to explore before committing to a purchase.
· Environmental and flooding reports
Depending on the history and topography of the land and where it is situated, you can commission reports such as an environmental report and a flood risk report. This will help you establish what to expect from the land and whether the level of any risk is acceptable to you.
Depending on the area, other searches may be needed and your solicitor will know which are necessary. For example, you might need a coal report, a stone mining report or a radon report.
· Where are the boundaries?
You need to be certain where the land you propose to buy begins and where it ends. This can sometimes be trickier than it sounds. Your land purchase solicitor and surveyor will need to have a good look at the land’s title deeds, images of the land and any physical features on the ground to make an accurate assessment.
· What utilities does the land have?
If you intend to build on the land, you need to check the position concerning essential utilities such as water and electricity.
If the plot has utilities in place, you must satisfy yourself that they are appropriate for your purposes. If the land has no existing utilities, you must establish whether there are any nearby that you could connect to. You must also consider the practicalities of doing so, including whether the permission of nearby landowners might be required.
Our solicitors will provide as much assistance as you need in this regard, including liaising with any nearby landowners on your behalf where necessary.
· Are any restrictions attached to the land?
Owning a piece of land does not necessarily give you free rein to do as you like with it. Some plots of land might be subject to restrictions relating to the types of construction materials that can be used on them. Others might incorporate public rights of way, or permission may have been granted for a utility company to lay cables across them.
Click here to read more about problems with rights of way and easements
It is essential to understand what you are dealing with as early on in the process as possible. Our solicitors will undertake all necessary searches to ascertain whether the land in question is subject to any restrictive covenants or other restrictions and consider the extent to which they will affect your proposed use.
· Does the land have clear rights of access?
It might sound obvious, but you must have access to your land, and this might not be as straightforward as you anticipate.
If the land borders a public adopted road, access should not be a problem. If, however, access is via a private road, or a path over a third party’s land, you must carefully consider the practical implication of such arrangements. Can you drive on the path? Who is responsible for maintaining the access? What are the cost consequences?
A particularly thorny issue is that of ‘ransom strips.’ A ransom strip is a piece of land owned by a third party that you need access to in order to develop your land. The access might be a right of way, or you might need access to the strip to lay utilities to your land. Whilst ransom strips can be so small as to seem almost insignificant – sometimes, a couple of centimetres in width – their effects can be anything but.
If the ransom strip owner is amenable to releasing the land, they will invariably demand payment in return, and that needs to be factored into the purchase price. If the ransom strip owner is not amenable to a sale, your project could be doomed. Even if you obtain planning permission for the land, the ransom strip might render it useless since it will not override the ransom strip restrictions.
You must identify any ransom strips before completing your purchase. If you don’t, the consequences can be disastrous. Working with experienced land property solicitors and other property experts, such as surveyors, from early in the process will minimise the chances of being caught out by this and any other issues.
· Why the land is for sale?
Wherever possible, you should establish why the land is being sold and how long it has been on the market. If it has been up for sale for many months, or even years, this could indicate a problem. A little digging might turn up the reason and this could save you from wasting money on a survey.
· Don’t skip your market research
Researching the value of similar land in the area will help establish that you are paying the right price. This includes looking at the property’s location, what facilities are available, both on the land and nearby, and whether it comes with planning permission.
What do land purchase solicitors do?
We have detailed above the types of issues our property solicitors can help to address and resolve. To do so, they undertake a wide range of tasks, including the following parts of the conveyancing process:
· Examining all relevant documents
Our solicitors will carefully scrutinise all documentation relevant to the purchase. This includes the title deeds, planning consents, easements, surveys and search results. Some of the information will need to be collected at an early stage and reviewed to make sure the property is suitable for your purposes. Some of this documentation will be requested by our solicitors, and some will be provided by the seller’s own solicitors.
Key points they will examine include:
· The legal title
· Any rights registered against the legal title
· Whether the seller has experienced any problems with these rights
· The location of any common land or rights of way that could affect the property
· Other rights and easements over the land
· Restrictive covenants that could prevent you from using the property in the way that you want
· Whether the seller is involved in any disputes relating to the land
· Are there any protection notices to be aware of, such as tree preservation orders
· What planning consents are in place – in particular, are there any planning consents in place to develop adjacent land
· Whether information revealed in the local search gives you any cause for concern
Your solicitor will have the expertise to spot potential problems and ask the right questions. Buying land is expensive and it is crucial to protect your investment as far as possible.
In any event, if you are getting a mortgage to finance your land purchase, your lender will insist that a solicitor represents them.
Our property solicitors will ensure you have all the information and documentation necessary to make an informed choice about buying the land. They will ask the right questions of the seller’s solicitors, swiftly identify any issues, such as those relating to access or planning, and advise on their potential impact on your project.
· Exchanging contracts and completing your purchase
Once the replies to enquiries and search results are available, your property solicitor may have more questions for the seller’s solicitor.
If you are obtaining a mortgage, this is sent to your solicitor at this stage.
Once all of the necessary information is available and you are happy with the replies to enquiries, you can sign the contract and mortgage deed.
Your solicitor will then arrange to exchange contracts. You will need to let them have your deposit so that they can pay this on exchange.
On exchange of contracts, the date for completion is set. Your solicitor will order mortgage funds if needed, and you will need to let them have the balance of money to complete the purchase. They will draft the transfer document and send it to the seller’s solicitor for signing.
On the day of completion, your solicitor will send the purchase money to the seller’s solicitor, who will send the signed transfer and title deeds to your solicitor. Your solicitor will then complete the conveyancing process by applying to register your ownership at HM Land Registry.
· Registering your ownership
Once the purchase has been completed, your solicitors will register your ownership of the land at the Land Registry, and your project can get underway.
NB please note, that for some time now there have been significant delays in registration at HM Land Registry. Registration routinely takes months – even years. It is however possible to “expedite” the process if you have grounds to do so
As this page highlights, the process of purchasing land is far from simple. If done correctly, buying land can be an incredibly lucrative investment. However, if done incorrectly or without due care, the consequences can be catastrophic.
As such, the value of working with experienced land purchase solicitors, like us, from day one cannot be overstated. Having the right property solicitors on board will bring not only legal expertise, but also extensive practical experience to the table. Regardless of whether you’re buying land from a neighbour, a 3rd party, a property investor or developer, or even a member of your family, our experienced team can guide you through the process, advise you on potential pitfalls and how to avoid them, and ensure the purchase runs as smoothly as possible.
Do I need solicitors when buying land?
While you could purchase land without a solicitor, we really don’t recommend it. An expert land purchase solicitor will look at many legal issues including the raft of information provided by the seller’s own solicitor, the title deeds and other legal documentation.
