Negotiating and agreeing a sale is always the most rewarding part of any estate agency business.  

Just because a sale has been agreed in principle, there is no guarantee that the deal will complete.

Recently I have dealt with a variety of sales, all of which initially seemed very straight forward to market, negotiate and sell. Little did I know how many problems I would encounter once the conveyancing began!

From undeclared easements, grant of probate, poor survey results and unregistered titles to name but a few; there have been a wide range of complications. However, by working closely with the solicitors, vendors and buyers we have progressed to an exchange of contracts but, the fact remains that most of these issues could have been avoided and conveyancing which should have taken 6-8 weeks took up to 4 months.

Although it is not possible to foresee all factors, many issues can be resolved prior to marketing, reducing the risk of protracted negotiations or ultimately the deal being called off altogether. It is imperative that there is thorough preparation prior to launching a property onto the market to ensure a smooth transaction once a sale has been agreed.

Key questions about the property must be asked and may include:

• is the property owned freehold or leasehold?
• is the property listed?
• is the property in a conservation area?
• does it have a NHBC certificate?
• does the property have any specific rights, covenants or grants that need to be brought to the attention of the buyer?
• is there an approved planning permission for the property?
• is the property registered with the Land Registry?
• is the property at risk of flooding?

Many times, the issue of unregistered title can delay and sometimes result in a sale to falling through, with the vendor not even realizing that the title of their property has never been registered. As a general rule of thumb, if a property has been purchased since 2002 it is likely to have been registered as a result of the Land Registration Act 2002.

By preparing a plan of the property boundary it is possible to indicate the size of the plot and can also identify any issues regarding parcels of land which should or not belong to the property.

At the outset of an offer being made it is vital to establish affordability from the buyer. Once affordability has been established it is still possible for potential problems to arise once the mortgage survey has been carried out.

The surveyor may reduce the value of the property because of items highlighted, resulting in the lender not willing to offer the original loan amount requested.

This can be remedied by a renegotiation on price between both parties but can often be avoided by asking the right questions at the right time.

Property chains can also create complications; a short chain can reduce the risk of problems. Some vendors may consider moving in with family or friends to keep things running smoothly and to ensure a quicker transaction.

On a positive note though, a sale which was agreed at the beginning of November 2016, completed in the middle of December - a very smooth transaction with no problems at all. Given the property occupied a position within a Scheduled Ancient Monument forming part of a historic hill fort site, I thought we may be in for all kind of problems…but you never can tell!

Victoria Oldham: Head of agency Stafford

Tel: 01785 275390

Email: victoria.oldham@fishergerman.co.uk 

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It appears that with the New Year we are seeing a recovery in both the milk prices and cattle price

Long term we have entered a cycle of considerable volatility and must remember this.  Nobody knows how large the swings will be or the speed of the cycle, but it would be prudent to assume that for dairy businesses we should plan to be able to operate on a continuous milk price of about 24.5 to 25 p/l as an average across the cycle.

The pain endured by most dairy farmers over the last twelve to eighteen months has had a very dramatic impact.  In many cases overdrafts have been stretched and the creditors extended to enable people to survive.  What is often forgotten is the reality that getting in trouble does not take long whereas climbing back out of it is a lot harder and takes several years.  It is also important to remember that your “unofficial Bankers” or merchants have problems of their own to deal with. Thus we must enter a period of consolidation now, whereby waste and inefficiency are eliminated as far as possible and a sound financial footing is regained.

Looking forwards, it is important to be honest about what you can afford to buy and then set the term of payment ( be it a loan or H.P. ) to a level and time frame you can meet.  People have often rushed into a deal they desire and then had to meet the pain of paying for it when they are not in a strong position to do so.  Many arable farmers fell into this trap a few years ago when they re-equipped their farms but then did the “paying” on H.P. in a period when they could ill afford the money after grain prices fell.

Some farmers having been placed under pressures they never dreamt of, have met the challenge head on.  Faced with seemingly unbeatable price drops, they have stopped focusing on milk price which was outside their control and concentrated on their costs.  For some this was a sobering exercise when they realised how much waste they have in their systems.  In some cases, the amount of money saved has been very significant.  What now has to happen is that those costs are not allowed to creep back into the business.   The aim must be to create a sustainable business that provides the basic needs of the family without building in undue risk.  Risk management in periods of volatility is what makes the difference between a good versus a mediocre result.  Simple “boring” systems tend to produce the goods in both good times and bad.

The message behind this is to stop and take an honest look at what you are trying to achieve and then set a strategy to reach your goals over a sensible period of time.  Be realistic as to what can be afforded and set clear priorities focused on what you “need” as compared to “want” or desire.  People who plan and have simple understandable businesses tend to succeed.  Complexity can be your enemy and takes a lot more managing and generally costs more.  The people with simpler business models that are not pushing the boundaries, have weathered the storm better than the higher yielding complex systems.

More about Ian Browne

 Ian Browne of the Farm Consultancy Group

Many types of property lend themselves to this method of sale. Properties with potential for development such as building plots and barns, cottages in need of renovation and refurbishment and agricultural land are all commonly offered for sale by auction. Other properties that we have put under the hammer include churches, fishing rights, woodland, amenity parcels, ponds, a redundant engine shed and even a disused tennis court.

The transparency that a sale by auction offers can also be attractive to both buyers and sellers. Probate sales where a property has been left to a number of members of a family can sometimes lead to tensions. With an auction sale all beneficiaries can attend the sale and be satisfied that the property has been sold for the best price achievable in the open market. From the buyer’s perspective he or she can genuinely feel part of the market place and will know that the property has been secured for one bid higher than the underbid.

During 2016 we offered a typically varied selection of properties for sale by auction. Lots included two Methodist Chapels, a building plot, a parcel of amenity woodland, agricultural land and a number of houses and cottages. The general improvement in the market place was demonstrated by busy auction rooms and competitive bidding with every property offered being sold resulting in a 100% success rate for the year.

Star of the show was probably a small holding near Ormskirk comprising a three bedroom cottage in need of modernisation and 2½ acres of land which was marketed at a guide price of £200,000 - £250,000 and was sold for £310,000.

No. 3 Broad Lane, Aughton, Ormskirk

Sold for £310.000

A close second would be the two Methodist Chapels both having planning permission for conversion to houses. The first at Bradwall, near Sandbach sold for £172,000 while the disappointed under bidder then picked up the second one for £127,000 seemingly without ever having viewed it.

Our first auction of 2017 is on 15^th February at The Swan Hotel, Tarporley. Lots include 174 acres of agricultural land at Calevley near Tarporley being offered in 5 lots and two cottages in need of renovation situated in Farndon plus land at Great Barrow

Approximately 174.51 acres of
good quality and well
maintained farmland. Available
in 5 lots.
Lot 1 - 135.28 acres
Lot 2 - 4.52 acres
Lot 3 - 4.00 acres
Lot 4 - 5.48 acres
Lot 5 - 25.23 acres

Hit the link below for full details of land

Land_at_Calveley_Green_Farm_4pg_Auction_Brochure.pdf

 1 Churton Road Farndon Chester

 An attractive end mews cottage

 with parking in the heart of the village

 Guide price £100 - £130,000

Hit the link below for full property details

1_Churton_Road_4pg_FG_Auction_Brochure_Web.pdf

2 Churton Road Farndon Chester

A particularly attractive mid mews

cottage situated in the
heart of this popular village

Guide price £125 - £150,000

Hit the link below for full property details

2_Churton_Road_4pg_FG_Auction_Brochure_Web.pdf

Single block of amenity land at Great Barrow

0.167 of an acre

Guide price £10,000 - £15,000

Land_at_Hollowmoor_Heath_4pg_FG_Auction_Brochure_SD.pdf

Please contact Property agency for any further inquiries on 01244 409660

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Nitrate Vulnerable Zones (NVZs) are areas designated as being at risk from agricultural nitrate pollution. Defra reviews NVZs every 4 years.

NVZs for 2017 to 2020 start on 1 January 2017. They include new areas of NVZs which can be viewed on the Environment Agency Website.

It is important that landowners and occupiers are aware whether their property is now included within an NVZ area. Likewise for those already in an NVZ there is an opportunity now to appeal against that designation on certain grounds. 

There are consequences of being in an The Environment Agency which include having to have sufficient slurry storage through the winter months, not being able to apply slurry to the land during closed periods and there are limitations on the amount of nitrogen that can be applied to land. These requirements and restrictions lead to an increase in costs for landowners and occupiers whether this is through having to provide new or additional storage or having to deal with the increased administration and record keeping that is required.

The Environment Agency (EA) are currently writing to individuals now if their land has been newly designated but you can also check on the Environment Agency website to see the new 2017 NVZ areas.

If you disagree with the NVZ designation you can only appeal on one of two points:

1)      The waterbody should not have been identified as polluted

2)      Your land does not drain to the polluted waterbody

Those who receive a letter and notice from the EA can submit an appeal against the designation. Additionally what has not been widely reported or been made clear is that Landowners and occupiers in existing NVZ’s can submit an appeal against a designation.

Appeals are made to the First Tier Tribunal using an appeal form which can be found on the GOV.UK website. Along with the form supporting documents such as drainage plans and contour maps should be submitted.

The EA will notify landowners and occupiers in two rounds. When you receive your notification and feel there are grounds to appeal you must make sure your appeal reaches the First Tier Tribunal within 28 days of the date on your designation notice. If you expect to receive a notice but do not do so you should contact the EA immediately.  If you have received a notice in the first week of January time is running out to make a response. Should you wish to discuss this please do not hesitate to contact Matthew Burton or Blue Archer in the Knutsford Office.

Email: matthew.burton@fishergerman.co.uk              Email: blue.archer@fishergerman.co.uk 

Tel: 01565 757973                                                         Tel: 01565 757978

With planning starting in 2012 for the Congleton Link Road, the Compulsory Purchase Order and Side Roads Order was made by Cheshire East Council on 14 October 2016.

The proposed scheme will link the A536 Macclesfield Road south of Eaton and the A534 Sandbach Road south of Somerford along a 5.5 kilometre bypass located to the north of Congleton town centre.

Cheshire East Council say that, “The Link road will reduce town centre traffic congestion, cut pollution, and improve air quality, benefiting people’s health and the environment.

“The scheme will bring economic and social regeneration to Congleton by supporting new development sites and improving access to jobs at Radnor Park Industrial Estate and Congleton Business Park.”

Once the Compulsory Purchase Order and Side Roads Order was released, Fisher German worked with landowners and occupier, advising them of the scheme’s impact and providing a clear way forward. On an individual basis, objection letters to the proposed scheme were drafted and submitted to the Secretary of State for Transport to express our client’s concerns. Through the submission of an objection letter, our clients then became statutory objectors to the Compulsory Purchase Order.

It is imperative that potential claimants submit an objection letter, as being a statutory objector, the claimant is in a greater position to negotiate with the acquiring authority; enabling a platform for discussion as well as consideration of the principle grounds of objection through Public Inquiry by the Secretary of State.

Cheshire East Council anticipate that the Public Inquiry will take place in June 2017 and are continuing to carry out assessments and further preparations to the business case.

If you would like more information regarding the Congleton Link Road, please contact Hugh Maxfield in Fisher German’s Knutsford Office.

Email: hugh.maxfield@fishergerman.co.uk

Tel: 01565 757973