You've submitted your offer and it has been accepted but now your solicitor/paralegal will need to examine title. What is it they need to check that is different to buying a property in an urban area?
Access: does the property take access directly from a public road or is there a private access?
When access is taken from a public road it usually isn't a problem, however, your conveyancer will need to check that the property abuts the public road, and that there are no gaps between the adopted extent and the legal boundary of the property. If there is a gap, then an investigation will need to be carried out to ascertain the owner, and the necessary rights of access to traverse over it will need to be obtained.
Should the access road be a private access road, owned by a third party, your conveyancer will check the title deeds to ensure that there are sufficient rights to use the access road. They will also ascertain what (if any) conditions come with that access right, such as maintenance obligations or restrictions on use (e.g. agricultural vehicles).
Services: is the property connected to mains water and drainage?
Water: private supply?
There are rules in place for when a property uses a private water supply, taking its water from somewhere other than the public water mains (e.g. a borehole or burn). These supplies must be registered with the local authority's environmental health department, and the quality of the water must be tested periodically, and reports provided. The pH and turbidity of the water must also be tested.
Sometimes, a water supply can be metered, and if that is the case then enquiries need to be made as to the source and route of the water supply and under what terms the supply is metered.
Drainage: private drainage?
Does drainage go to a septic tank? If so, checks need to be made that the appropriate SEPA (Scottish Environmental Protection Agency) consent is in place and that there are no ongoing disputes with SEPA. Your conveyancer should check the location of the septic tank, outflow, and soakaway. If any part of the drainage system lies outwith the property being purchased and is located on third party land (e.g. a neighbouring field) then the necessary servitude rights must be in place, not only for the drainage system to be in a neighbouring field, but also for access for maintenance. It is also necessary to ascertain how many properties connect into the drainage system, and what the maintenance obligations are?
Boundaries
The boundaries of a rural property need to be carefully checked to ensure there are no overlaps or underlaps with neighbouring land. If there is a conflict as to ownership or occupation then the necessary checks of title deeds must be carried out. This may also involve checking the neighbouring property title deeds.
If you are buying a rural property, we recommend you obtain legal advice from someone experienced in dealing with such transactions to avoid any issues, some of which as noted above, being overlooked.
This article was co-authored by Paralegal Susan Morrison.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
