Buying a plot, parcel or paddock

Buying land next to your home can be attractive, whether you want a larger garden, an orchard, grazing land or simply more privacy.  A small area of land may have a modest price, but the legal and practical work can be more involved than the value suggests.

Agreeing the price is only the start.  The plan, access, services, future use, mortgage position and planning status all need to be considered before the transfer is completed.

Why a small plot can involve substantial legal work

A sale of part of a larger title usually requires a transfer of part.  The document must define the land being sold and deal with the rights and restrictions needed by both properties after the sale.  These may include access, maintenance, drainage, water, electricity, boundary responsibility and rights to enter adjoining land for repair.

The seller may also impose restrictions on future use or development, perhaps preventing a separate dwelling or limiting buildings, commercial use or nuisance.  Those terms can affect the land’s value and your future plans, so they should be settled before the transaction becomes binding.

The transfer plan

A clear and accurate plan is essential.  HM Land Registry requires the land to be identifiable on the Ordnance Survey map.  A poor or ambiguous plan can lead to requisitions, delay or rejection of the registration application.

The plan should normally be prepared by a competent surveyor or other professional, particularly where the boundary is not obvious.  Check it on site with the seller before contracts are exchanged.

Check mortgages and consents

If the seller’s title is mortgaged, the lender may need to release the land from its security.  If your own property is mortgaged and the new land is to be joined to it or used with it, your lender’s consent or involvement may also be needed.  These points should be raised early because lender requirements can affect timing and documentation.

Planning and intended use

Agricultural land does not automatically become residential garden land because it is bought by a homeowner.  Using a field or paddock as part of a domestic garden may amount to a material change of use requiring planning permission.  Buildings, hardstanding, a stable, manege, jumps, lighting or commercial activity may create further planning issues.

Equestrian use is fact-sensitive.  Grazing horses may be treated differently from keeping horses together with stabling, feeding, exercise or other associated activity.  Obtain planning advice from the local planning authority or a planning consultant before relying on a proposed use.

Other matters to investigate

• Whether there is lawful and practical access from the highway or your existing property.
• The location and ownership of boundaries, hedges, ditches and fences.
• Rights for pipes, drains, cables and other services crossing the land.
• Flooding, drainage, contamination, mining, environmental or other location-specific risks.
• Existing tenancies, grazing licences, occupiers or third-party rights.
• Restrictive covenants, overage provisions or rights reserved for the seller.
• Tax consequences and whether the transaction attracts Stamp Duty Land Tax.
• Whether the land will be registered under a new title or added to an existing title.

Plots and garden extensions

For a small garden extension, focus particularly on the exact boundary, permitted use, fencing, maintenance and any services beneath the land.  The seller may expect the buyer to pay its legal and plan costs.  This is a matter for negotiation and should be agreed expressly, rather than assumed.

Parcels and paddocks

Larger parcels often require wider investigation.  Consider access for vehicles and machinery, water supply, stock-proof fencing, drainage, public rights of way, environmental designations and responsibility for hedges and ditches.  If animals will be kept, welfare and land-management requirements will also need practical consideration.

Before agreeing the purchase

• Explain your intended use to your solicitor and planning adviser.
• Obtain an accurate plan and inspect the boundaries on site.
• Check access, services and maintenance arrangements.
• Confirm whether either property is mortgaged and what lender consent is required.
• Agree who will pay the seller’s legal, surveyor and lender fees.
• Avoid spending money on works or changing the use until the legal and planning position is clear.

How we can help

These transactions are often bespoke.  Early advice can identify whether the proposed transfer and intended use will work in practice, and can ensure that the rights, restrictions and plan are properly documented before completion.

Speak to Richard Phillips

Richard is a Consultant at Wollens and can advise you. Contact Richard via email richard.phillips@wollens.co.uk or call 01392 274006 .

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You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.