Buying a plot of land in the countryside is often the first step in building a dream home or securing a smart rural investment.
Be aware though, there is one mistake that continues to derail even the most promising projects and that is:
Buying land with no legal access or unclear maintenance responsibilities for the access route.
For self-builders and rural property investors alike, this can be a deal-breaker, or worse, a financial trap that only reveals itself after the purchase.
Legal access means having a formal right of way from a public highway to your land written into the deeds or registered with the Land Registry.
But there is more to it than simply having the legal right to walk or drive across a track. You must also consider:
Is it suitable for vehicles, especially during construction?
Who is responsible for maintaining the track, lane, or road?
What happens if disputes arise with neighbours or shared users?
Local authorities generally won’t grant planning permission without safe, usable vehicular access. If the route is overgrown, poorly surfaced, or too narrow, your application could be refused.
If your access is over a shared track, private drive, or unadopted road, you may be:
Jointly responsible for upkeep with neighbours
Solely responsible for repairs if you benefit exclusively
Unable to enforce maintenance issues if responsibilities are unclear
This can lead to costly disputes and unexpected repair bills.
A beautiful plot with messy access rights or unclear maintenance clauses can be hard to mortgage, insure, or sell, even years down the line.
Before buying any rural plot, ask your solicitor and architect to confirm:
Legal right of way: Is it documented and enforceable?
Vehicular suitability: Is it physically usable for construction and long-term access?
Maintenance liability: Who pays to repair or resurface it?
Status of the road: Is it adopted by the council or a private/shared route?
Construction access: Can construction materials and machinery reach the site safely?
Don’t just ask “is there access?”, ask:
Is it legally secure?
Is it suitable for development?
Can it be maintained and by whom?
It’s vital to have your solicitor, architect, and planning consultant review all access arrangements before you commit.
David Nossiter Architects specialise in rural architecture, barn conversions, and countryside developments. David often advises clients before purchase, helping them assess feasibility, including access rights, construction risk and planning potential.
Thinking of buying a rural plot? Contact David for a pre-purchase site appraisal or pre-purchase consultation.
Do I need more than a legal right of way to get planning permission?
Yes. Planners require safe, usable access for vehicles and emergency services, not just legal documentation.
What if neighbours disagree about maintenance?
Unclear responsibilities can lead to disputes. It’s vital to clarify and document who is responsible for upkeep before purchase.