Smallholding
Once an offer has been accepted and the purchase placed in the hands of your solicitor, the search will be conducted. This should bring to light any problems associated with the land or property such as impending development or a new bypass; this is standard with any property. With a smallholding there are other considerations which you may wish to discuss with your solicitor. There may be rights of way across the land or possibly you may only have a right of access across someone else’s land. It is worth checking on any restrictions imposed on you or by you on others. If you are looking for seclusion a right of way through your back garden could be rather annoying. Maintenance of fences and ditches is another point to raise; this should be stated on the property deeds and is worth knowing for future reference. However, if a fence is down or a ditch is blocked and it is giving you problems, the sensible thing is to rectify faults yourself and not worry about who is responsible.
Wayleaves are often encountered in rural properties where it has been necessary to run a service, ie mains water, across another person’s land; for this privilege a fee has been paid and an agreement signed giving access for maintenance, but also guaranteeing to compensate any damage caused. There may also be conditions associated with the wayleave; for example, the service may only be used for agricultural purposes. This is unlikely to pose any kind of problem, but you should be aware of the possibility. This fee is normally a lump sum paid on granting of the wayleave and therefore, excluding problems, should cost you nothing if already arranged, if power lines pass over your land and you have poles or pylons situated within your boundaries, the electricity board pay you a wayleave fee annually. This varies with the type of pole and the use to which the field is put. Thus you are paid less for a single pole than a pylon and less if it is in rough grazing land than arable. For a single pole in a grazing field the payment is about £5 per annum.
In general take the time to discuss and understand any points raised by the search or anything in the deeds that you do not understand or that your solicitor points out. Take your solicitor’s advice, as what may appear to be a problem to you may be perfectly normal practice or vice versa.