You're very welcome Kitekat and I'll venture a few more words.
I'm not trying to frighten you off per se, just to make you fear the possible consequences of not knowing enough to avoid the many potential pitfalls.
+1 what Neg Covenant has posted.
"Subject to Contract - Contract Denied" should head all written correspondence until you go forward.
Neg's point about the differing kinds of ROW's is very important and one I hadn't considered in any depth before.
I don't know much about possible kinds but the kind of wording favoured by developers is something along the lines of [and this NEEDS TO BE CHECKED BY A SOLICITOR]; -
..."a right of way at all times and for all purposes both over under and through the land from point A to point B, for the lessee, his agents, assigns, invitees and successors in perpetuity, including the right to pass and repass with vehicles, all services, potable, foul and surface water, whether piped or through other ducts or means..."
I'm sure you could add to that, but you get the gist.
My understanding [and I'm happy to stand corrected on this] is that a right of way like the one described above effectively means that you own the land except that you cannot obstruct it or build on it.
The farmer may have nothing like this established, merely a limited right ot pass over the land and when I say "limited" I mean as discussed below.
A farmer may have a ROW across a field, or he may only have access into that field.
He may have this ROW and a similar ROW down a private lane from one field to another for the purposes of carrying out his business as a farmer.
This can include driving cattle, sheep, horses, or whatever down the lane to the field and vice-versa, as well as his occassional use of a vehicle or the vet or the animal undertaker [whoever takes carcasses away] or combine harvestors or tractors associated with his business.
This right of way might be limited to these things soecifically or to the farming use in general or to him only or to him and his assigns within the meaning of his associated business use.
It might not be established in law but only through customary practice and it may be a private ROW for him alone, not the general public and it may not be a general vehicular ROW.
This is why it is important for you to get your solicitor to look at these issues and see what actual right of way has been established by the farmer and whether it is negotiable.
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In addition the general noise and nuisance could be a huge difficulty for other farmers and they might take out injunctions to stop you building.
Coming to the nuisance is no defence, and this could cause delays through reduced working hours and more costly specialist low-noise equipment.
[I've recently seen an "quiet" Kango, for example"!)
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On a cautionary note, the site sounds too remote for any kind of settlement policy to cover it, unless there is an existing ruin on the site.
Even those ruined houses only get you so much unless you are a returning emigrant or linked to the area in terms of providing employment or having lived there for a while.
If the farmer was selling me a piece of his own farm, zoned, with precedent in the area for on site services or piped services and established road access - fine.
But a farmer selling me a piece of land and telling me he has a "right of way" to get to it? That cause me concern, because you're not even directly off a public roadway.
May I respectfully caution you to be very careful on this one, Kitekat.
Even if the ROW is proven, transferable and suitable for your ongoing and initial building needs, there remains the planning process to go through.
This will include proving the land is suitable both to build on, doesn't flood, and can be used for both a septic tank/treatement system, and a soakaway.
It seems there is a long road ahead of you and best of luck with it.
If this is your first one, I'd suggest you keep professionals between you and the deal.
You owe this farmer nothing and its very easy to be sucked in by a good salesman with local knowledge.
He can seem to be the wisest person on the planet - and he may be - but once the deal is done he might talk the money and walk away.
All that marvelllous "help" he was going to get/give you to widen the laneway after selling the ROW and field may disappear if its not part of a contract.
In summary, my advise would be to appoint professionals and thenl -
- Carefully define the deal.
- Make any deal subject to planning.
- Include all measures required by the local authority.
- Get all rights signed into the contract and witnessed before parting with a deposit.
- Do some background checks on the solicitor and building professionals before appointing them.
- Do some checks on the farmer/landowner to see what his history in the area is to inform you about him.
That way at least you're not flying by the seat of your pants, an easy mark seen coming a long way off by the landowner
One useful test will be to tell him that you're appointing so and so to advise you even if its a bluff and see if there's a change in attitude.
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.