The Modern Housebuilder

Back to the project record

The plan says no easement. You walked it and there is an easement.

Buying land is two streams of information that nobody puts side by side. There is what you saw standing on the plot, and there is what the title, the searches and the particulars say about it. Your solicitor reads one of them. Nobody reads both. The gap between them is where the money goes.

What you found, in the order you found it

A standard list of checks to record against, so you are not relying on remembering to look. Ecology. Highways and access. The local plan. Levels at the entrance. The cabinets and the poles. What you write is yours and it is a sentence, not a tick.

The plot check on a real plot: a brick outbuilding with open eaves and droppings on the sill, a telegraph pole with a stay wire across the drive, visibility cut by a hedge on the neighbour's land, the policy map putting the plot outside the settlement boundary, and a ditch along the frontage a foot below the verge.

Six findings on one plot, each of which is a cost, a delay or a refusal.

Brick outbuilding at the back has open eaves and droppings on the sill. Agent says it is coming down. If it has bats that is a survey and a season, not a week. That is not a note. That is somebody working out, in June, that their demolition might be stuck until the following spring — and it is written where it will still be found.

Visibility to the right is cut by the hedge on the neighbour’s land, not ours. That hedge is the whole access question.A plot you cannot get a driveway out of is not a plot, and the agent’s particulars will never say so.

The title, rights and deeds findings: the title plan hedge line not matching what is on the ground, a right of way worded for agricultural purposes only, and a private drain crossing the plot with no plan attached to the entry.

The title, the rights and the deeds, read by somebody who has also stood on the plot.

The right of way over the track is worded for agricultural purposes. That is not a right to bring a house in and it is not a right to live there afterwards. Recorded on the seventh of July, flagged to the solicitor, and answerable. Found in October, it is a renegotiation or a loss.

Every visit, and what you went to check

Three site visits to one plot: a first look at access and levels, a second visit back after two days of rain to see where the water goes, and a third in the evening for the light — each with what the reader went to check and what they took away from it.

Three visits, each with a reason for going and something taken away from it.

The second visit is the one that matters: back after two days of rain, to see where the water goes. The ditch under the hedge was running. Nothing standing on the plot itself. Nobody remembers to go back in the wet, and nobody who does remembers what they saw eleven months later.

The questions you raised, and where each one stands

Three states and no others: still open, answered, or risk accepted unpriced. That last one is the honest option, and it exists because buyers do accept risks knowingly — the point is that it is recorded as a decision rather than lost as an oversight.

The questions raised on a plot, in the order they were raised, each with where it stands: who maintains the ditch along the frontage, whether the private drain is a shared sewer, whether the outbuilding needs a bat survey, and what the highways authority will accept for visibility splays.

Seven questions on one plot, four of them still open.

These are the questions a solicitor does not ask because they are not legal questions, and a surveyor does not ask because nobody has instructed one yet. Who maintains the ditch. Whether the network operator will move the pole, and what that costs. They are yours to chase, and this is the list you chase them from.

And then the two streams, side by side

What the documents say, beside what you found yourself.

The potential conflicts on a plot: the documents saying no easement against the reader finding an easement, a right of way worded for one purpose against both houses using the track, no footpath shown against a neighbour saying there was one, and the plan's boundary line against a post and wire fence — each marked still open or raised with the seller.

Four disagreements between the paperwork and the ground, two of them already raised with the seller.

No easement against an easement. No footpath is shown against the neighbour says there was one. Each conflict is either still open, raised with the seller, or settled one way or another — and settled means settled, not forgotten. This is the single most useful screen in the product and it costs you nothing but writing down what you already saw.

All of it travels with you. The plot record exports on its own, and the whole lot lands in the pack you leave with under The land and Legal — which matters on the day you sell, because the questions a buyer’s solicitor asks are the ones you asked first.

Choosing between plots in the first place is the part before this one.

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