BUYING OR SELLING LAND OR PROPERTY.

DO YOU REALLY NEED A SOLICITOR?

What pitfalls are there to trap the unwary and why does it pay to use a professional?

LAND REGISTRY DETAILS AND REQUIREMENTS:

Hidden Rights and Obligations

FACT: Not all rights and obligations affecting a property are set out in the Land Registry title. Many assume that all that is viewed is all that is needed.

WRONG! Here are some of the hidden rights and obligations that, if missed, can be time consuming and costly to resolve!

Commoners’ Rights

“I will graze my stock and, if you don’t mind, cut down your trees and dig up your lawn too!” (Commoner)

Land which is on or near open land used historically by Commoners is often subject to Commoners’ Rights. There are areas of Somerset, such as the Quantock Hills, where ordinary residential properties can be subject to these rights, and can be potentially damaging to the enjoyment of the property. Many know about the right for Commoners to graze their animals on Common Land, but how about

“Estovers” – the right to take sufficient wood for the commoner's house or holding? Or

“Turbary” – the right to take sods of turf for fuel! Imagine finding out that your neighbours have the right to take wood for fire, or dig up your lawn for fuel!

A Solicitor will always check if such rights exist.

Chancel Repairs

“A costly offering!” (A good parishioner)

This dates back to medieval times, when the Rector of a Parish had the liability to pay for chancel repairs to his church. It became practice for the Rector to pay for repairs from income of his 'Glebe' land and tithes. So as the liability for these repairs has continued to exist, on occasion, it has been enforced or claimed by the Church.

Your Solicitor will check this for you as standard.

Boundary Responsibilities

“Looking from the front the boundary on the left always belongs to the house”. (Joe Bloggs)

It is a common, but wrong, belief that there are set rules concerning who is responsible for a property’s boundaries. It is frequently impossible to tell from the face of a property’s title to whom which boundaries may or may not belong.

Your Solicitor will find out which apply to your property.

Ownership of Vacant Land

“Cursed be he that removes his neighbour’s landmark” (Deuteronomy – Old Testament)

The need to prove ownership of land has always been important. Many areas of the West Country have small pieces of land, driveways or lanes, which do not appear to be claimed or used by any owner/occupier. It is not straightforward to ascertain who “owns” the land. Land registration began in 1899 but it was not until the 1980’s that many parts of Somerset were included. Even then, registration was only required when land was disposed of in certain circumstances. Therefore, there are still areas of land which are unregistered.

Your solicitor will take all possible steps to establish ownership, and if appropriate advise how you may be able to claim the land yourself.

Amicus Solicitors have offices throughout Somerset. For more information on these or related subjects contact Andrew Bensley on 01643 701888 or Sue Gill on 01278 664060. You can also contact the firm via the website: www.amicuslaw.co.uk