Buying a property in the country, either as a primary residence or a weekend bolt hole, needs a little more thought than just location, location, location, because, unlike its urban neighbours, purchasing a country home brings its own unique issues, depending on the type of property, its location and the extent of any surrounding land.

It is all too easy to be drawn in by the glossy brochure, looking no further than the lavish colour photographs that can all too easily seduce the senses. When viewing a potential property, a simple checklist of questions to ask the selling agent, your solicitor and in some circumstances your surveyor may make the buying decision just a little easier.

What are you buying?

The selling agent's particulars should include a plan of the property and it is worth considering as you walk around a property whether this appears to be accurate or not.

The plan may also identify certain features, such as public footpaths over which the public have a right to walk on, or bridal ways over which the public may walk or ride horses. Some footpaths or bridal ways are used more than others and if they come close to residential buildings its worth asking the selling agent or the seller how often they are used. It is also worth visiting the property at different times or day and at a weekend to see who may be using footpaths and whether you find this intrusive. It is both difficult and expensive to try and vary the route of a public right of way.

Also check whether the land is classed as open access land, giving members of the public a right to roam over the property. Again, you might find this intrusive and a simple check can ascertain whether the land is currently registered as such.

Older or historic buildings

The agent's particulars normally state whether the property is listed. If listed, then listed building consent would be required for works in addition to planning permission.

Buyers are often not aware that the listing of a building also includes the "curtilage" of a building, which on larger properties can encompass a very large area of land around the house. This could mean that works to a wall surrounding the house at some distance from it could require listed building consent and such consents are not always given.

If it appears that work has been carried out to a listed building it is worth asking the selling agent or the buyer as to what consents have been obtained. Your solicitor will also ask similar questions whilst completing the due diligence, but at least you may be aware of whether this is a potential issue at the start of the buying process, rather than further down the line.

"Check whether the land is classed as open access land, giving members of the public a right to roam over the property."

Restrictions?

Buyers are sometimes surprised to learn that whilst they will own the freehold of a property they are restricted from using it in particular ways, building on certain parts of the property, or altering the appearance or layout of existing buildings.

This may be due to restrictive covenants having been imposed that benefit adjoining or nearby land. If these covenants are still enforceable, the person with the benefit of the covenants may ask for a premium to vary or release the covenant, or may refuse to grant permission for what is being proposed.

Restrictions may also apply to country properties as a result of their being in an area such as a national park or an area of outstanding natural beauty, or where part of the land is a site of special scientific interest. This can limit the owner's ability to obtain permission for particular types of work that would change the appearance of the property.

The location of the property

If you decide to buy a property close to a medieval church, it is possible that it may be affected by a liability to contribute towards the repair of the chancel of the church. Your solicitor will check this as part of the conveyancing process, but if you see a nearby medieval church, its worth asking initially whether any liability is known about. The potential costs can be very high and it can affect the saleability of properties.

"If you decide to buy a property close to a medieval church, it is possible that it may be affected by a liability to contribute towards the repair of the chancel of the church."

Farming, grazing or other agricultural matters

If you see sheep or horse grazing on land belonging to the property it is worth asking whether these belong to the owners. It is remarkable the number of informal arrangements that exist, and where formal arrangements do exist you may find that you buy the property subject to such arrangements. Your dreams of a paddock and horse may have to be put on hold if other arrangements are in place.

Services

The property may not have mains services and it is always worth enquiring how the services are provided. These services may cross adjoining land and your solicitor will need to establish that you have the necessary legal rights to use these services.

If there are matters that the selling agent or seller mentions to you during a visit, it will be worthwhile discussing these with your solicitor. You may find that matters referred to in passing which the seller treats as being completely normal, could turn out to cause delays to the conveyancing process as further information is obtained from the seller's solicitor and ways to deal with the situation are found that both parties are happy with.

Buying that dream home in the country should be an enjoyable experience, as long as you look beyond the glossy sales brochures and ask the right questions.

For further information on buying a listed building click here (LINK to listed building article)

Saskia Arthur is a partner at law firm Boodle Hatfield specialising in high value residential property. She can be reached via email: sarthur@boodlehatfield.com