How to buy land Part II ~ Surveying the land A proper survey of the land carried out by a qualified land surveyor is essential and will highlight all boundaries, services, overhead power lines, public or other rights of ways, flood risk etc. Land surveyors also perform a vital function in carrying out feasibility studies, or environmental impact assessments on potential sites to assess whether plans are workable. One key advantage of having land properly surveyed is that Title Deeds are often outdated and boundaries have a habit of changing over the years. A clear, unequivocal land survey will define the lay of the land for the avoidance of any doubt, negating potentially costly neighbour disputes down the line. When choosing a surveyor, look for those who are fully qualified and who are ideally members of The Institution of Surveyors of Kenya (ISK). For list of Licensed Surveyors visit: lands.go.ke/index.php?option=com_content&task=view&id=15&Itemid=30 ~ Planning Permission There are three basic scenarios when buying land insofar as planning permission is concerned: • The land has no planning permission. • It has outline planning permission (OPP). • It has detailed or full planning permission (DPP) for a building for which a set of plans has been submitted and approved. Before proceeding to purchase land, it is vital to establish with the local authority that they will ultimately allow you permission to bring your plans to fruition. Otherwise there is no purpose in buying it in the first place. This said, acquiring land with planning permission already granted doesnt necessarily guarantee that you will be able to build on it. There may be restrictive covenants attached which preclude you. This is an area your lawyer should carefully check. Buying land with an existing property standing on it provides an easier solution as it benefits from what is referred to as past precedent. In such situations, it is usually easier to get full planning permission if either redeveloping an existing property or demolishing it and rebuilding a new one as per the original style or footprint - in the case of the latter, only of course if your plans are reasonable and in keeping with the neighbourhood. ~ Dealing with planning officials In all situations, it is vital to establish a good relationship with your local councils planning office. Planning officers are generally fair people and if you can build a rapport with them and your proposals are not too ostentatious, you are far more likely to receive a favourable response to any reasonable planning request. The best way to garner support from your planning office is to involve them in the process from the outset, holding early site meetings to discuss your intentions on an informal basis and without cost to yourself. Planning officers usually offer constructive advice and suggestions, which will assist you in drawing up detailed plans that are far more likely to get approved at the first hurdle. ~ The legal process The legal procedure for buying land is generally a lot less complicated than buying and selling property, and should always be conducted by a qualified solicitor specializing in land transactions. As land is a valuable commodity often quickly snapped up by other buyers, you should be looking for a lawyer who is energetic and enthusiastic to your cause. Use the lawyers knowledge and expertise to answer important questions relating to issues such as permitted use, boundaries, footpath or other public access/rights over the land issues, to satisfy yourself that the purchase is a sound one. Availing your lawyer at an early stage with as much detail about the plot as possible is crucial. This could be in the form of site photographs and your intended plans for its development. You can establish whether the plot exists by visiting The Department of Surveys and Mapping in your County’s Lands Office. The lawyers function will essentially be to check that the land has clear title - i.e. is legitimately for sale - and to initiate searches to see if there is, or has been anything which could affect the stability of the land such as previous mining, flooding etc. They will also check the legal documentation relating to the size, scale and dimensions of the site to ensure that you are buying what is being sold. Once your lawyer is satisfied that all is in order and you are sure that you have, or will get the necessary approval for your intended use, then it is usually safe to proceed to purchase. Obviously, if buying land at auction, one only has a limited amount of time to conduct the research and legal work and therefore buying land this way carries significantly more risk. Other land buying opportunities • Auctions - Land auctions are a good way to find suitable plots but transactions are conducted on a sold as seen basis and therefore require a quick sale, leaving little time for research. • Local authorities - Cash-strapped councils often have parcels of land they are willing to sell. • Utility companies - Some utility organizations such as water, gas and electricity companies have surplus land available to buy. • Private enquiries - Many private residential homes have large gardens with building potential.
Posted on: Fri, 08 Nov 2013 11:09:19 +0000