Is it REALLY necessary to use a solicitor to buy woodland?

[katherineklinger]

I have just agreed to buy a small piece of woodland privately. The vendor bought it 6 years ago via woodlands.co.uk. What are SWOG members' views on the necessity of using a solicitor? Is the conveyancing all that complicated?-what are the most important bits one needs to look out for? Any help or thoughts will be read with great interest-thanks. Katherine

[RichardKing]

I am very far from convinced that solicitors earn their fees or understand all the potential issues.

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As regards my woodland we seem to have a situation where the owners of the access track and gates (woodlands For Sale) are under no obligation to maintain the gates & prevent illegal access.

It was politely suggested to me that I sould undertake the repairs at my expense.

[jillybean]

hi Katherine

Six years ago, woodlands .co.uk would have sorted the legal aspects out in order for them to sell it on. your worries are liability of fencing, roadside trees, rights of way, responsibility for rides and gates as Richard mentioned,and getting a copy of all paperwork and reading it thoroughly will reveal any issues you may need professional help with Any future developments in the area may affect your enjoyment. A local search at the council would clear this up for you. the transference of monies can be done by your bank. if the vendors are trustworthy and helpful, and you have the time to do the searches, Id go for it and save myself a couple of grand

[MartinD]

Solictors fees for such a simple transaction are unlikely to be more than £400 + VAT. The difference between this figure and the 'couple of grand' quoted by jillybean will be search fees and land registry transfer fees, which will have to be paid anyway. I would doubt that total costs in reality would be much more than £1,000, including solicitors, (based on my purchase 18 months ago). I didn't do local authority searches, as these are mainly applicable to the 'built environment'. As far as I am aware, the legal process is unlikely to reveal liabilities for fencing, rights of way (as in PROW), but will reveal if a local farmer or adjoining woodland owner has the right to cross or otherwise access your land. Some councils have the 'definitive map' showing PROW on the internet - if not a visit to the council offices will show whether a path is a public right of way. You can download Land Registry documents for a small fee, which should allow you to see quite quickly what the situation is. Covenants are sometimes unenforceable - a solicitor can advise. Regardless of whether you choose to pay a solicitor, the best advice is to do as much research yourself as possible - look around the woodland and take note of things which might become a legal issue - electric cables crossing the land, for example. Even if someone else is 'liable' for fencing, according to a legal document, getting them to fix it or to contribute is another matter. As far as I can tell, the fences around my bit of woodland are the farmers responsibility, but he is content to use electric fencing when he has his cows in (about 4 months per year), and no fence when there are no animals.

[Kentish Man]

I was quoted under £500 (including VAT) from an expensive solicitor when I was looking to buy a few months ago.

[RichardKing]

If the access gates are owned by some other party (ie Woodlands For Sale) then I would get him to check that they are obliged to maintain them in such a condition as to prevent illegal access through them.

[jillybean]

Having checked my paperwork I see my bill was more like the £400 mentioned by Martin D I must be conditioned to see the word Solicitor and think a couple of grand!

[Stephen1]

I believe worth using a solicitor if any of the adjacent land is unregistered i.e. they still hold title on deeds rather than a Land Registry document - which is in the public domain.

[Darren]

I think would be better to use a solicitor. Our solicitor sorted out some of the legal problems like access. I'm sure it will pay in the long term and help when reselling as the legal issues should be covered.

[RichardKing]

Or NOT as the case may be