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Want to Move to the Countryside? 5 Points to Consider

on Wednesday, 14 March 2018.

From bats in the belfry to a lazy afternoon on the river, what are the quirks you need to consider when buying your dream home in the country

  • Riparian Rights
    If you own property next to a river, you are a riparian landowner. This means that you may own up to the mid-point of the watercourse and may have rights to fish, to take water, to protect your land from flooding and erosion. However, you also have obligations including allowing the water to flow without obstruction, pollution or diversion.
  • Sporting Rights
    The land you own may be subject to sporting rights such as hunting, shooting and fishing. Usually the rights exist as part of the land but they can be separated from it under Lease or Licence arrangements.
  • Wildlife
    A number of wildlife species have protected status and may have as much right as you to remain on your property. For instance, any building or structure which bats use for shelter or protection are protected from damage or destruction.

Planning legislation also protects slow worms, badgers and their setts, otters and water voles, so if you are thinking of carrying out any work, seek professional advice.

  • Public Rights of Way
    The Countryside Rights of Way Act 2000 gives members of the public rights to use specified routes to walk, climb, run, birdwatch or sightsee on the land. Your solicitor can carry out a specific search to establish if the land you are buying may be subject to any public rights of way.
  • Adjoining Land Use
    Land may be used for grazing cattle, sheep and goats, and increasingly more unusual animals like alpacas and llamas. Check that your land is adequately fenced to avoid unwanted visitors and consider any noise or smells you may encounter from your furry neighbours.

For more information, please contact David Marsden in our Commercial Property team on 01923 919 303.

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