- Proximity to hospitals, shops & infrastructure
- Aging at the property, access to healthcare
- Ability to resell the land
- Internet connection (potentially only satellite connections are available)
- Trades & services willing to attend the property
- Understanding sewerage and water supply (tank or septic)
- Livestock & fencing
- Access and roads
- Pests & diseases (if you want to grow produce or raise farm animals, you need to be aware of this from possible neighboring farms)
- Chemical contamination
- Soil quality (an agronomist can determine this)
Each rural property is unique and the Contract of Sale will be composed differently.
The selling party can reject, negotiate or accept the new conditions. For items such as fitting electrical and water systems, it is unlikely a vendor will agree to this due to the cost involved.
In regards to rural properties, a Conveyancer will cover everything comprehensively and pay particular attention to:
The title search, and if other title searches are required. These are performed by an independent compliance and risk company. Land titles are an official record of the owner of a property and may also include information on mortgages, covenants, caveats and easements. The title search will also help you understand if the property has building entitlement.
As an example, HLC helped a client acquire a property without building entitlement (the area was flood-prone). Although, this was not an issue for the client, because they simply used the land for grazing.
Reviewing the Identification Survey Report. These are also performed by an independent private surveyor who is registered with the respective land registry.
Land covenants.
Land covenants are simply rules on the way land can be used. Rural properties may be subdivided, developed, or have a lot of land covenants. For example, you may be purchasing a rural property for the lifestyle, however, a neighbors land has been sanctioned for farming and they may use fertilisers.
Confirming road access, which is ensuring the road access is registered, and if there are any rights of carriageway applicable (an easement that allows rights for people to drive over a specified area).
Identify if the area is flood-prone. In NSW, the local councils define the likelihood of an area flooding with support from the NSW State Emergency Service as well as issue flood certificates.
Additionally, some local councils host an interactive map that will allow you to see the flood risk in your area. The city of Newcastle one called “Know Your Flood Risk” which is available here.
Understanding the property boundaries and fencing situation. For further reading, please see our article on fencing – everything you need to know.
Understanding the property boundaries and fencing situation. For further reading, please see our article on fencing – everything you need to know.
Put simply, a Conveyancer will review the inspections performed on the property to ensure the fencing (whether boundary or for livestock) is adequate, and what action should be taken. It is preferential for the vendor to resolve fencing issues before settlement.
Zoning for rural properties
It is mandatory for a vendor to include a zoning certificate in their contract. The onus is on the Vendor to ensure all information that is being disclosed in the certificate is up to date.
Final thoughts
Many Australians idolise country living to be closer to nature and the great outdoors.
In an ideal world, a buyer would be totally satisfied with their decision, however, rural life is not for everyone.
As with all Conveyancing process, the best course of action is to perform your research and partner with a professional law firm that will safeguard your interests.
Want Hunter Legal & Conveyancing to secure your next rural property?
We’ve worked in the Hunter Valley for over 30 years
Fixed fees with no hidden surprises.
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Contact us on 1300 224 828 or use our contact page.
