Dream House or Living Nightmare? The hidden pitfalls of buying large countryside property

Many people are swept away with the idea of living in a large house in the country. Peace and quiet, picturesque views, easy and relaxed living… But don’t be fooled: the countryside is a Pandora’s box of conveyancing pitfalls, which could result in costing you thousands of pounds. So much for a quiet life.
As with any high-value commitment, research is everything. For example, your rural idyll is likely to include a medieval church as the centrepiece of the community. That church could cost you dear if your property is subject to a liability to repair the chancel, the place in the church where the communion table stands. This happened recently to a couple who inherited a farm – they were stung with a bill for over ?90,000. And remember, just because you don’t go to church doesn’t mean you are exempt from repairing its chancel.
It is not just the surroundings you need to be wary of. The property itself could be built on a foundation of restrictions and liabilities. Agricultural occupancy restrictions, which require dwellings to be occupied by agricultural workers, are rife in rural areas. Our property expert, Sally Firby says: “A lot of people miss them as they are often imposed as a condition of a planning permission. These are sometimes quite old, but if the local authority becomes aware of a breach, you could be in trouble”.
In some cases, these restrictions can be removed by proving to the local authority that the dwelling has been occupied by a non-agricultural worker, say, a banker, for a continuous period of 10 years. However, you do need to move quickly to remove the restrictions once you have established your ten years, as Sally explains: “It is no good waiting until the person who has breached the condition has moved out or died: the condition will apply once again because the breach has ceased and you will have to sit out another nail biting ten years!”
Far more common is the situation where you are told that the local farmer has been euphemistically “keeping the land tidy” for the owner. An inspection of the property will usually reveal a farmer who has been in working occupation on the land for about the last 20 years (inevitably he will have a keen child who may be entitled to take over the land when he retires). The outcome is usually a protected agricultural tenancy which means you are unlikely to be able to satisfy your own farming dreams while the farmer is fulfilling his.
Can you imagine being held to ransom just for the privilege of driving to your property from the main highway? A common problem when buying country property is that the driveway often does not join up with the public highway, leaving a ‘no man’s strip’ between the two. Often this land will not be registered at the Land Registry so you’ll be unable to establish who owns it. The new owner may be able to show that the previous owner used the access for a sufficient period of time for him to be able to claim a right of way by virtue of long use, or he could insure against the risk of someone trying to prevent such use. The one thing that you should not do is ignore it, as at any time an adjoining owner could roll up with an old title deed and a smug grin. While you’re at it, you need to check that, if any of your services cross your neighbour’s land before reaching the mains, there is a right referred to in your title deeds.
If you fancy turning your hand to decorating and restoring an old property, do not jump on the ‘Changing Rooms’ bandwagon immediately! Many character properties, both town and country, are listed and this will restrict the owner from even removing a skirting board without the appropriate local authority consent. Don’t think you can ignore obtaining the appropriate consent. This could affect the future sale of the property or at best lead to long delays and additional legal fees in trying to resolve the problem to a potential buyer’s satisfaction or rather, to their lawyer’s.
Specific searches and enquiries carried out when you buy the property should reveal most issues. Some will be regularised, others could lead to a complete renegotiation of the transaction. Instructing a reputable solicitor who specialises in this kind of property and knows what to look out for is of paramount importance.
Of course, living in the country can be the best thing you ever did. That rambling 15th Century farmhouse with the roses round the door is more likely to be a dream than a nightmare. Just make sure you get the right advice at the right time and leave the worrying to someone else.
A few more home truths explained…….
Planning permission deals with the correct use of land and the appearance of the proposed building whereas building regulation deals with the way the building is constructed
The CML Handbook is 21 pages long and each mortgage lender has a further handbook of rules with which solicitors must comply.
Solicitors and estate agents could face a prison sentence if found guilty of fraud or conspiracy to defraud the Inland Revenue of stamp duty land tax if there has not been a ‘just and reasonable’ apportionment between the purchase price and the price for chattels.

The Land Registry no longer issues title certificates – all records are now computerised and only paper copies of the recorded entries are issued. For registered land title certificates no longer have to be produced on a sale.

If works require listed building consent there is no time within which the planning authority must take enforcement action if consent was not obtained so a purchaser could be required to carry out reinstatement or remedial works no matter when the original works were done.
The Land Registry is encouraging owners of unregistered land to apply for voluntary first registration of their titles. This could avoid complications and delays in the event of a subsequent sale. By 2012 registration could be compulsory.