HIPs

Sales

I am interested in purchasing a farmhouse but have discovered that it is subject to a planning condition which restricts the occupation of the dwelling to somebody employed in agriculture. There is only a small amount of land with the property and I am intending to have horses grazing on the land but do not intend to farm. I am concerned therefore that I will not be allowed to occupy the property. Is this true and can such restrictions be lifted?

The wording of such planning conditions [known as agricultural occupancy conditions] varies from property to property with subtle differences in the wording which can have significant implications. Therefore whether your proposed occupation of the property would be a breach of the planning condition will depend on the particular facts of each case and expert advice should be taken from planning consultants such as White and Sons. It is possible to have conditions varied for example to include agriculture and equestrian use. It is also possible to remove such conditions completely. If the condition has already been breached for 10 years or more by previous occupiers it may be possible to remove it as of legal right by obtaining a Lawful Use Certificate. It is also possible to seek the removal of such conditions by way of a planning application if it can be demonstrated that the condition has outlived its usefulness. Policy guidance indicates that the preferred method of demonstrating this is through a process of marketing the property at a price which fairly reflects the existence of the condition and failing to sell it for a period of not less than 6 months. This demonstrates that there is nobody in the market place who could comply with the condition. However this specialist exercise needs to be undertaken by a suitably qualified agent. The marketing process needs to be targeted and transparent. White and Sons regularly advise in such cases.

Are White & Sons members of a professional body or organisation? I am looking for a professionally regulated Estate Agent on the advice of my Solicitor.

Yes, not only are we regulated by the Ombudsman and the Royal Institution of Chartered Surveyors, but we are also members of the National Association of Estate Agents. We actively encourage all our negotiators to qualify as members which involves them passing exams covering the law and technical issues. This ensure the highest level of competence from our staff.

My house is in a popular road. Why should I use an Estate Agent?

Finding a purchaser for your home is only part of your Estate Agent’s job. By using an experienced Estate Agent you will find that you have a professional adviser who can guide you through the whole process from accurately assessing it value, to marketing your home, negotiating the price with your purchaser and liaising with all parties to ensure the transaction progresses as smoothly as possible. They will bring much needed objectivity to the very emotional process of buying and selling your home. They will be able to negotiate much harder than you may feel comfortable doing face to face with your purchaser, who you may know through work or in the playground. Finally, research has shown that sellers who use an Estate Agent make, on average, 8% more for their home than they would if they sold privately.

Lettings

I am a "buy to let" investor. I am looking for investment flats in the area close to Gatwick Airport. What will I get and will they be easy to let?

Most of the time we have a good selection of 1/2 beds flats to sell both new and second hand. New 2 bed flats are between £200/220,000. The older ones are between £170/190,000. Gatwick and it's proximity to the main railway to London means there is a good constant demand for rental properties.

New Homes

Country Homes

I have a large house in the country with several acres of land, which I inherited from my parents. Unfortunately I now think I will have to sell and I am a bit concerned about the access arrangements. Having checked with my solicitors I find that I do not own the driveway which leads to the nearest road and I can see no formal arrangements for access over this drive. My parents lived in the property for 30 years until they died and I have lived there for two years since inheriting the property. Is this going to cause me a problem when I sell.

The fact that you do not have a formal written right to access the property from the public highway does not mean that you necessarily do not have a right of way. Your parents lived at the property for a considerable length of time during which I assume they drove vehicles along the driveway, and since their death you have presumably continued to do the same. In these circumstances it is quite possible to obtain what is called a prescriptive right of way providing the access has been in constant use for 20 years or more. In order to prove this to a prospective buyer you will need to sign a statuary declaration stating that to your knowledge your parents have used the right of way unhindered and without reference to or permission from the owner of the land for a period in excess of 20 years and that you have continued to do the same. This then will need to be sworn in front of a notary. It is also quite helpful that in these circumstances a second person can be found who would also be able to testify in a similar vein. A purchasers solicitor will almost certainly ask for an indemnity insurance policy in these circumstances, but that is rarely a problem and the cost is usually modest. I would definitely encourage you to seek further advice from your solicitor or ourselves prior to marketing.

Agricultural

I own a small piece of woodland and I would like to undertake some woodland improvement work by coppicing and felling specific trees and planting new ones. Can I do this or do I need planning permission?

You do not need planning permission to fell trees unless a specific tree or a group of trees are subject to a tree preservation order, in which case you will need consent from the Local Authority. However, in order to undertake large scale felling or thinning you will require a felling licence from the Forestry Authority. You are allowed to undertake some limited felling works without such a licence which includes small trees under a prescribed size, dead or dangerous tress and trees within residential gardens (unless they are subject to a tree preservation order). You are also allowed to fell up to a prescribed volume of timer per annum without the need for a felling licence. There are no restrictions on planting new trees; however there are attractive grants available for doing so and we can advise on the need for felling licences and grant schemes that may be made available.

I have recently acquired some agricultural land adjacent to my house. I would like to enter into an arrangement with a local farmer or equestrian yard so that a third party can graze the land but I am concerned about a prospective occupier obtaining statutory rights which might last several generations, thus preventing me from taking possession back if I should ever want to sell the land. How should I go about protecting my interests?

There are a number of arrangements that can be put in place to enable a third party to graze or make hay on your land without the risk of any statutory rights being granted. A simple annual grazing licence might be sufficient. This would not confer exclusive occupation, thus enabling you to retain the right to walk around and enjoy your own land but it would need to be renewed each year. It has not been possible to create a secure tenancy of agricultural land since October 1995. Most agricultural occupations set up since that date are Farm Business Tenancies (FBT’s) which can be oral as well as written. A year to year FBT which would not need to be renewed annually and could be terminated on 12 months notice, would be ideal if a local farmer were going to take occupation for farming purposes. For a commercial equestrian occupier it might be necessary to grant a formal lease under the Landlord and Tenant Act 1954 which formally contracts out of the security of tenure provisions which apply to commercial tenants. However any arrangement must be proportionate. You would not for example want to incur substantial costs setting up a formal lease for a very short period of time and at a low rent. However our expert agricultural surveyors can consider the circumstances in each case and help devise a solution that will protect all parties in a cost effective way.

Commercial

I own a distribution business in Leicester and am looking for about 5,000 sqft of warehousing near a motorway in Surrey/Sussex areas.

We have a completely refurbished warehouse/distribution centre within 2 miles of Gatwick and the M23 at Hookwood. There are only 2 units left one of which would ideally suit your needs

Planning

I have been served with a notice by the local water authority that they intend to lay a water main across my land. Can they do this and what rights do I have?

Under the Water Industry Act water companies are allowed to enter private land providing they serve an appropriate statutory notice. However under the Act you are entitled to compensation both for the rights that will be acquired in your land (known as an easement) which is usually based on the diminution in value of the land, as well as compensation for crop loss and any other losses incurred by you. You are entitled to have your land properly and professionally reinstated and are also entitled to have a surveyor act on your behalf to negotiate your compensation claim and represent your interests on the ground, with those surveying costs being met by the water company. We are very experienced in dealing with both small and large compensation claims and as costs are always met by the utility company, our advice would always be to seek expert help rather than to try and deal with it on your own.

A lot of properties in my area are being redeveloped for flats, can I build flats or houses in my rear garden and thus achieve a higher price for my property?

Provided you are within an identified settlement [settlement areas are prescribed by the Local Planning Authority] then in principle development may be permissible. However other issues may also have to be considered, for example, is there a risk of flooding, is there adequate access or are there restrictive covenants that might impact on development potential? White and Sons’ expert team of planning consultants can consider all of these issues for you and establish what the true potential of your site may be. Sometimes development may be possible but may not deliver a land value which is significantly higher than the existing property. Our expert team of valuers can consider all of these issues, independent of any developer interests and thus provide you with an honest and frank professional opinion.

Do I need planning permission to build an extension to the rear of my property?

All building works require planning permission but many are automatically granted planning consent by virtue of the Permitted Development Order, known as Permitted Development Rights. In many cases proposed extensions fall within Permitted Development Rights and so no specific planning permission is required. It will however still be necessary to obtain building regulations approval which is independent of planning. If your proposed extension is too large or does not fall within some of the other criteria for permitted development then you may still be allowed to build your extension but you will require full planning permission. All Local Planning Authorities have detailed policies which set out the criteria which must be considered in determining a planning application for an extension. Our expert team of planners can guide you through the maze of regulations and policies.

I own a small group of farm buildings and would like to convert these into non-agricultural uses including a house for an elderly relative and an office and workshop for my business. Will I need planning permission and if so will this be obtainable?

If any of these buildings are within the curtilage of your dwelling [curtilage is often the garden area but not in every case] then providing any use within such a building is ancillary to your use of the principal dwelling as a private domestic residence then you do not need planning permission. This could include for example the use of an outbuilding as an annexe. The distinction between an annexe and an independent dwelling is that there is some inter-relationship between the use and occupation of the annexe and the main house, i.e. because the occupants take meals together in the main house or rely on some other degree of inter-dependence. If the residential use of an outbuilding is completely independent and occupied by third parties then that is not an annexe and will always require planning permission. If your proposed change of use does require planning permission then there are detailed policies set down by the Planning Authorities against which all applications for such developments are considered. Only certain types of outbuilding are suitable for a change of use for either residential or business uses. They must be in reasonably good condition. Our expert team of planners will help guide you through the complex criteria and hurdles that must be crossed in order to obtain such a planning permission.

Valuations

Management

What is Property Management and why do we need an Agent?

Managing a block of flats is just like managing a business, requiring time and a specific set of skills. Some lessees do manage their own block to good effect so why use a Managing Agent. Selecting the right Managing Agent will allow the occupiers time to enjoy their homes and insulate them from disputes between occupiers and the collection of arrears which will all be dealt with independently in a fair way. The Managing Agent will collect in all monies due and pay contractors, providing annual budgeting and year end accounting. They will also ensure compliance with the increasing amount of legislation and codes of practice affecting blocks of flats.

Other