Buying a wood in Scotland, solicitors etc

[rolinger]

Hello all, first post so please be kind

We are hoping to buy a small wood (5-7 hectares, seems big to us) in Aberdeenshire, Scotland, but not sure of some details of the process. I've read everything I can find on the various selling sites, on SWOG, and from the forestry commission, but there are a couple of gaps...

I presume we need a solicitor to make sure we get all the paperwork right, is it something that is easy for any solicitor who deals with normal property conveyancing, or should we find someone with recommendation for doing forestry/woods?

Do people tend to have formal surveys done before buying, arrange an informal 'opinion' from an arborist, or just 'go and have a look'? If surveys, are they usually arranged by the solicitor or are there specialist forestry surveyors?

Finally, would love to hear from anyone in the same area who has bought recently with any recommendations (or warnings)!

Probably lots more questions to follow...

[Dexter's Shed]

the solicitor that handled my late parents will, did mine for me, I think if they do houses, then land/forestry is not much different on the searches they do, we didn't have anyone look at the actual wood itself, but if you were buying to harvest the timber I suppose it maybe and idea, am I right in thinking that in Scotland people have the right to roam anywhere? unlike here where we can put up signs "get orf my land"

oh and welcome to the forum, swog has a facebook page too, you may get some more comments/answers if you post there too

[Wendelspanswick]

We have just completed on 6 Hectares of wood and meadow in Somerset and to start with we struggled to find a solicitor who would handle it. In the end we found a solicitor who specialised in agricultural land and he organised all the searches etc.. Don't bother with the fixed price domestic conveyancers as they won't take it on once they realise it's not domestic.

[SitkaSpruce]

I would suggest you use a solicitor who deals with land transactions. I was recommended a firm in a local market town to my wood who deal with agricultural matters. They were very helpful and I felt they understood the possible pitfalls such as access problems etc. I didn't have any kind of professional survey but spend a long time getting to know the area and the wood and researching the area online. Good luck! Hope you find what you want.

[rolinger]

the solicitor that handled my late parents will, did mine for me, I think if they do houses, then land/forestry is not much different on the searches they do, we didn't have anyone look at the actual wood itself, but if you were buying to harvest the timber I suppose it maybe and idea, am I right in thinking that in Scotland people have the right to roam anywhere? unlike here where we can put up signs "get orf my land"

oh and welcome to the forum, swog has a facebook page too, you may get some more comments/answers if you post there too

Thanks all for the replies, I will see if I can find a local solicitor with experience to make it simpler!

Our 'right to roam' is now Access Scotland- there's a good summary at http://www.outdooraccess-scotland.com/outdoors-responsibly/your-access-rights/. But as far as woodland goes, yes, anyone can wander round it. IMO it's a great system and fairly responsibly used, I might change my mind as a 'landowner'!

I'm hoping to use firewood for ourselves initially, and figure out later if there's any income to be had from thinning/felling. Typical small plots round here are a mix of Scots Pine, Sitka Spruce and some broadleaves, which should suit that well, I currently burn 1/2 and 1/2 Sitka and hardwood (Beech/Ash).

Is insurance necessary/advisable for a woodland? Again, I guess it might be different in Scotland, but I presume I'm not the only one up here ? I'm guessing it would be if it specifically encourages public access, but maybe is needed anyway?

[Dexter's Shed]

But as far as woodland goes, yes, anyone can wander round it. IMO it's a great system and fairly responsibly used, I might change my mind as a 'landowner'!


Is insurance necessary/advisable for a woodland? Again, I guess it might be different in Scotland, but I presume I'm not the only one up here ? I'm guessing it would be if it specifically encourages public access, but maybe is needed anyway?

if you have nothing on site, then its probably not a problem, but as a woodland owner, you do tend to start amassing a large amount of tools and items to use, lugging them in each time starts to be a pain, so stuff starts getting left on site, we started leaving non valuable items just to see if they went missing, or got moved, once it became apparent that stuff stayed put, we erected a storage box/locked, but also have "private woodland" signs up on boundaries along with a few hidden trail cameras, just in case.

as for insurance, with your right to roam act, its probably a good bet, I suppose I'll get shot down for this, but I have not bothered

[The Barrowers]

Hello

The solicitor need not be local as its just a paper trail, maybe keep the solicitor Scottish as law / searches may be different?

Just find one who is effective and attentive without a large work load and not going on holiday at the most critical times.

[davetb]

We were one of several bidders for our wood in Herefordshire. Some others had a survey ( to assess commercial value, I assume).
It was 'sealed bids'.
We didn't have a survey as we felt the value was 'in our hearts', rather than the potential commercial value.
We out-bid the rest, got the wood and still (5 later later), feel we acquired a bargain.
How can you put a monetary value on aesthetic value?
Dave

[oldclaypaws]

The legal procedure should be straightforward, and most solicitors who deal with residential property should also be able to handle a land acquisition, the procedure is largely similar. Ring a couple of local Scottish solicitors and ask if they have handled land acquisitions, and ask roughly what they think the process might cost. In England, I forked out £600 to buy mine, but Scotttish and English law is different and the procedures may vary. I know that in Engalnd if you make an offer, you can pull out at any time, whereas in Scotland its legally binding, so you need to be pretty 100% sure its the right wood for you.

It would be a sensible idea to wander round with someone who knows their stuff and can give a critical appraisal, an hour visit from an forestry consultant and a verbal report might cost less than £100 and give you a good idea of the 'bones' of the wood.

I'd say the key things to look out for are access, drainage, rights of way & privacy, the nature of the trees and its general attractiveness to you, depending on your objectives. Cost and value is also obviously a major consideration, as is how near it is to you- the closer it is the easier it will be to visit frequently.

As well as formal enquiries, I'd visit the wood as many times as possible to get a strong 'feel' of it- follow your gut, if you're not absolutely sure, why not? Maybe its not the right wood. Write down a list of what you see as the pluses and minuses of it to help reach an objective decision. If possible try to get some local knowledge by asking potential neighbours what they know about its history and any issues of concern in the area, its amazing what doesn't come out on official searches.

Good luck, hope it works out OK.

[dredger99]

Hello Rolinger.

I'd like to welcome you but i don't really post on here so i would feel like i was welcoming you into my neighbours house.
I bought Southie wood just outside Maud a year ago from woodlands.co.uk.
The solicitor i used was one that was recommended by them Anne Laing, P. H. Young & Co they are in Bo’ness but as someone already mentioned it's a paper trail so no visits to the solicitors required.
I didn't have any surveys completed, maybe this is a bad thing i don't know, but the solicitor should check access and other rights,they should also highlight any problems they find and advise accordingly.

The cost was approx £600 but it was a very friendly easy process.

Here are a couple of things i have learnt from owning a wood for a year.
Check all access in adavance and if you intend to remove wood then make sure you have good access, I thought i would be able to use a little dirt track at the top end of my woods but unfortunately the neighbour requested that i refrain from using it. not very neighbourly but it's his land.
I have spent a few pounds more than expected on equipment for the woods 4 x 4 / chainsaws / heavy duty strimmers / 5m Bell tent with woodburning stove and my list just seems to keep getting longer rather than shorter.
All i will say is that it is the best money i have ever spent, the woods are like prozak for my soul.

On a final note you have made the best start to your purchase by coming to this site, as i said at the start i don't post very often but there are some of the most knowledgable people regarding woodlands and everything woodlandy here.

So good luck and let us know how you get on.

DREDGER99