When selling, it is important to instruct your solicitor/conveyancer at the same time as you place the property on the market with agents. They will need to check the title and help the agents ensure that there is no misdescription of the property, its title and the extent of the property for sale. Your solicitor will provide a property information questionnaire for you to complete. This will form part of a package to go to the buyers solicitor when the contract is issued.
Any arrangements over emptying of septic tanks, cesspits, and water supplies should be provided plus copies of any planning permissions and building regulations and guarantees for alterations to the property. Copies of grazing licences or other documents involving arrangements over the land or with neighbours should be disclosed as well.
All of the information will form part of the Home |nformation Pack which we can prepare or help your chosen agent prepare.
With rural property it is essential to consult us at an early stage
Buying rural property
When you are buying it is important to choose a solicitor who is familiar with country properties and if possible has local knowledge of the area. This is desirable but not essential. Solicitors in England and Wales can deal with properties in these countries but cannot act for properties in Scotland, Northern Ireland or the Channel Islands unless they have an associate office in that location.
Property law is different in Scotland, with the exchange of "missives" (equivalent to exchange of contracts) taking place much earlier. It helps to have a solicitor who is familiar with the Scottish system and can liaise with the Scottish lawyers.
Once you have selected a property to buy, terms are agreed with the seller and lawyers instructed it is important to check with your solicitor directly to ensure that the plan of the property is correct and the boundaries on the ground agree with the plan. Most lenders require a valuation for mortgage purposes. However, if you opt for the basic valuation - that is all it is - it is not a structural survey. It is sensible to arrange for a full structural survey and your solicitor will generally be happy to suggest a surveyor.
When your solicitor receives the contract package, he will go through this making amendments to the contract where he feels clauses are not reasonable or in your best interests. He will also send a list of additional questions regarding the property to the sellers solicitors. These usually relate to the title, covenants, restrictions affecting it.
A local search is also made. This is a list of questions sent to the local authority, with a copy of the plan of the property.
Additional rural searches
There are standard additional questions which it is important to ask on country properties these include