LAW OF THE LAND
LIVING IN THE COUNTRYSIDE MAY NEVER HAVE BEEN MORE POPULAR.
With vastly improved modern communication links available, many people are able to choose to live in rural Scotland while carrying on their business as if they were sitting in their city-based office. Improved transport links in and around Scotland's major cities have increased substantially the number of locations from which workers can commute to those cities.
The lure of a quieter, better quality of life holds strong, particularly when there may be little impact on the ability to do your day job and also further your interest in rural activities.
But with country life come considerations which do not arise when living in a city. In recent years a considerable amount of new legislation - emanating principally from the newly empowered Scottish Parliament - has been enacted and continues to be enacted which affects many aspects of rural life. Over-regulation is the perception but what are the effects in reality?
When purchasing a rural property consideration must be given to the use which could be made of the accompanying land. What could you do with the fifty, five hundred or even five thousand acres which come with the house? Should the land be let out and if so, on what basis? What are the alternatives to letting? Is a grazing agreement required or should a longer term arrangement be considered? What is an LDT and an SLDT?
 "Is there a disused steading or outbuildings? Could these be converted into a more useful building or could these be developed and sold to advantage?"
In considering the arrangements to be put in place it is essential that you are aware of the rights that an occupier of your land could acquire and your obligations as landowner. While recent legislation has had the ability to change the nature of relationships between the landowner and the farmer, the legislation still provides a framework which enables everyone to pursue their respective interests in land.
It is possible when purchasing a rural property that an existing tenancy arrangement or arrangements are in place. Again, consideration requires to be given to what impact these will have on your potential use and enjoyment of the property. If you wish to stock the land with your own horses, sheep or cattle, consideration should be given to the existence of any regulations to which you must adhere. It may be possible that you, as owner of the property, are eligible to enter into a Rural Stewardship Scheme, Land Management Contract or other agri-environmental schemes.
Diversifying your asset is another issue which may arise when the property includes other land and buildings other than the house itself. Does any of the land have development potential? Is there a disused steading or outbuildings? Could these be converted into a more useful building or could these be developed and sold to advantage? Does your property have all the necessary rights to enable the potential development opportunities to be fulfilled. What is the land's status in the local plan prepared by the local planning authority?
Where woodland or a stream, river or loch forms part of the property, what rights do you and third parties have over these parts of your property? Can you exercise your rights to enjoy the fishings or should you explore the possible benefits of allowing others to do so?
Following the enactment of the public's general right of access under the Land Reform (Scotland) Act, landowners require to know what they can and cannot do to control the privacy and amenity of their property. When purchasing your new rural property, you will wish to clarify what rights the general public has to exercise rights of access over the land in the vicinity of your property.
Numerous other matters may arise in respect of water supplies, the maintenance of private access roads, drainage and sewage, planning and environmental issues and the legal enforcement of restrictions on the use of land. Sorting out these issues can be difficult, time-consuming and costly. Clear pragmatic and appropriate advice at the appropriate time is the key to avoiding these difficulties. That advice should be sought from the appropriate specialists - from solicitors, surveyors, land agents and other professionals who are able to work together to assist you in maximising the benefits of your country property.
The attraction of living in the countryside clearly has not diminished but living in the countryside is not without its own particular issues. With the relevant issues identified and addressed with the benefit of specialist advice, your rural idyll can become a reality.
NIALL STRINGER, PARTNER, TURCAN CONNELL
|
