A-Z of Self Build Guides Buying Land: Guide To The Pitfalls

Date Published:

09/06/2009

Just because you've fallen in love with a piece of land and can afford to build what you want on it, doesn't mean you should ignore the downsides it might present. Put these all important points on your checklist.

Once you have found the ideal building plot, whether through an agent or through a search site, such as Plotsearch, assessed its suitability for your proposed dwelling and are satisfied that it is economically viable. However, before you hand over the money, there are a number of legal and financial considerations that may affect your decision or ability to proceed with the purchase.

Once you have found a plot that is suitable from a practical and financial point of view, you then need to consider all the legal implications of owning and buying a plot of land, which could mean extra expense and investment of time and extra resources. So, before you sign on the dotted line, consider the following.

Deeds, Titles & Public Access

Absent Deeds
The most common problem that can occur when considering buying a plot is when the deeds to a plot have been lost. In most, it is obvious who owns what, but without the deeds, there is no way of proving it. However, it is not impossible to rectify the situation. The best solution is to obtain Statutory Declarations from the vendors and from other associated parties and neighbours, who may be affected. These will allow you to obtain a Defective Title Indemnity Policy, which is effectively a single premium insurance policy, costing no more than a few hundred pounds.

Address Your Title

It is possible to gain title over land that you do not own. In England and Wales, this is referred to as Adverse Possession and in Scotland, it’s known as Prescription. It can take an extremely long time to establish, and it may mean that a plot, rather than having an absolute title, is offered with a Possessory title.

The most common occurrence of this is when a vendor has moved a fence over to take in some overgrown or unused land beside the plot. The main plot will then be offered with an absolute title and the acquired bit, with a Possessory title. If you are considering buying land with Possessory or incomplete title, you should ensure that there is a single premium indemnity policy in place to cover the eventuality of an absent owner turning up to dispute your occupation. The premium for this policy is usually the responsibility of the vendor.

Public Access

Obviously, it is vital to establish sufficient vehicular access to and from your plot, and that that access is available to a public highway, whether directly, or by means of a private driveway or right of way. These rights should be noted in the deeds of the land, but there are instances where they are, for one reason or another, missing.

There are also instances where it’s fairly obvious that the land, maybe along with several other sites or properties, clearly enjoys public access; yet no legal rights or ownership over the access can be established. The simple solution for these instances is again to obtain a single premium indemnity policy, with or without statutory declarations to back up the claim.

The 20 year rule that is generally accepted means that if you can prove that a property or plot has enjoyed unencumbered and uninterrupted access over land for a period of 20 years or more, a legal right of way can be established. These are known as Prescriptive Easements. There are a number of caveats to establishing a legal right of way, such as it cannot be established over railway, waterways, Crown or Highways land, access must not be illegal, it must have been obtained without force, secrecy or permission and it must attach its benefits to the land.

For More On Self Building And Buying Land

Self Build Advice
Top Tips On Finding And Buying Land
Planning Permission Tips For Self Builders
What Makes A Good Building Plot?