
Whether it be a slice of large garden turned separate dwelling, a field of bare land for the farmer who’s Title includes many acres or correcting the difference between the boundary on the plan and the boundary on the ground, transferring a part of an existing parcel of land comes with it’s own problems, risks and decisions.
Imagine a farmer’s field beside the road. Imagine that atop rolling sloping land is a plateau of an acre or two in size on which a developer intends to build a small cluster of homes. Imagine that this forms but one distant corner of the field.
Is the rest of the field to remain farmland? In which case, how is access to those homes obtained? Is the farmer to sell more land to become an access road? What about utilities? Will they run under the road? Is the farm growing crops or raising livestock too? Must the home owners listen to the bleating of lambs all night? Perhaps the use of the fields could be agreed in writing?
What about the neighboring farmland? How might the development adversely affect the adjacent agriculture, how might that be addressed?
Considering the Title to the land, are there covenants already affecting it? These might even forbid development, or restrict it. What about overage? Is this something being considered?
Will these homes contribute ad hoc for the maintenance of the road and utilities? Will a management company maintain such things?
So many questions.
Compared to parting with an entire Title, whether registered or unregistered, conveying only part of your land can raise many questions. When setting out the rights, and obligations that are to run with a piece of land and anticipating your wants and needs for your retained land, we can assist with drafting: the rights and covenants, how access and utilities and boundaries are fixed, recognised and maintained. There can be so much to consider.
These questions matter, and their answers can last for many years.
At SE Solicitors we have experience with all manner of agricultural and country property, the vast variety of homes and estates, along with a team for commercial lots, lands and venues. Our teams have expertise covering not just the spectrum of property law but also company and partnerships law, not to mention estate planning too.
Trust SE Solicitors to guide you through your process from start to finish, whether you are arranging your affairs for the next generation, or setting up a managed housing development, we can help.