Lee Stutt tells you why buying a house in Cornwall is different to buying one anywhere else and how Stutt Associates can help when problems arise

We don’t deal with property transactions. We are experts in disputes, so we only get involved when they go wrong

But we do encourage anyone looking to instruct solicitors for a purchase to choose one familiar with the particular issues that arise in Cornwall. Because we’ve seen what happens when others dabble, and its excruciating 

First things first: in general, anything that affects either: 

(a) whether or not a property would have been purchased had the truth been known; or 

(b) the value of the property

has the potential of being a claim against those that acted in the purchase.

That is something we know about: unravelling technical Cornish problems

Normally, these claims are valued on the basis of ‘diminution’, which is the difference in value of the land with the problem, compared to what it would be worth without it. That second figure is usually, but not always, the actual purchase price - a good surveyor will be able to give an opinion about the figure

Each of the scenarios below are the sort of things that we’ve dealt with for clients when solicitors have missed points that ought to have picked up on.

Mines

Cornwall is virtually unique in its topography, internationally, as the birthplace of metal mining. Her tin and copper mining history goes back centuries 

But there is a severe lack of documentation about where many of the historical tin, copper, and other metallurgical mines are situated. They are everywhere, and they are invisible. People are now urbexing mines from the 1970s that are a complete geographical, barely documented, mystery

This is concentrated in the Camborne, Redruth and Pool areas, but from the Tamar to Cape Cornwall there is a labyrinth of mining features beneath the surface which can mean there is underground risk not obvious to a property purchaser and which could seriously affect the value of land. Some of the oldest mining features are miles away from the famous mines at South Crofty and Dolcoath

Most of the time, once found, these problems can be fixed for some not inconsiderable cost by structural works, such as capping. But often the properties in question are in areas of low wealth where the cost of the works, the value of the land, and the financial means of the property owner, make it difficult to execute. In other words, the people affected wouldn’t have proceeded had they known the true situation: they couldn’t afford to

We encountered a novice purchaser of land in Cornwall (very experienced elsewhere) where there were (to us at least) obvious tin mining features, but where the conveyancing solicitors, from the South East, only carried out a coal mining search. That search, obviously, came up negative. It was a waste of money: there is not and never has been coal mining activity in Cornwall. But the solicitors didn’t know that, so just did the mining search they’d heard of

The effect for the purchaser was that they’d purchased land worth less than they’d paid for it, resulting in a potential claim for the difference (or the cost of fixing the land) against their solicitors, who didn’t understand the searches needed; searches which are specific to Cornwall

Those searches are not complicated or expensive (although sometimes the outcome is equivocal, because of the lack of documentation of very old mines, some dating back to the middle ages)

Experienced local solicitors would generally know exactly who to call for the best advice about whether or not there’s a problem. In the example above, they 100% would have found one

Experienced local solicitors would have protected their client by instructing one of many mining search agencies in the area to give advice about the risk of mine workings beneath the land affecting its value by, for example, the land opening up, or the ability to dig beneath the land being restricted

An awareness of the ‘red alert’ locations of mining activity, features visible on the ground, and sometimes even clues in the name of the street, ought to make it obvious to a solicitor professing to be competent at purchases in the area 

And if they don’t have the knowledge to allow them to advise on that, they’re the wrong solicitor to act in the purchase

Mundic

Not entirely unrelated, Mundic is where a property was built using pyrite, an aggregate made from mining waste at risk of chemical decay (sulfide degradation) when exposed to water. And there is a lot of it here

Because it involves metal-mining waste, it is an issue found almost exclusively in Cornwall (and some localised parts of South West Devon) and it usually arises in concrete block constructions 

If conveyancers are from outside of the area, there is an appreciable chance that they might not be alive to this very Cornish risk

Typically, a property that suffers mundic will not be mortgageable, so could only be sold to cash buyers. They are worth, as a generally reliable rule of thumb, 30% less than one built of normal materials

Properties built between 1900 and 1960 should face a mundic test before purchase 

Normally, lenders are wise to this and will compel a test, confirming that the classification of the building materials is satisfactory, and these tests can take a year and cost £3,000 if pursued to exhaustion - they are not for the faint-hearted. Claims relating to mundic are often defended on the basis that passing one of these extended tests might resolve everything - but there is no guarantee of reclassification

Without passing a test, either on a first effort or after going through the more detailed process, then the property will be assumed unmortgageable

Sometimes, a seller will offer to assign to the buyer a historic mundic test, but bear in mind that if the surveyor who did that test was wrong to the extent that a claim against them might be needed, there is usually a 6 year limitation period for starting that claim (even if the surveyor owed a duty to the buyer, a person that they never met). As a buyer, you ought to have a current one, for your own protection

These are steps that are not obvious to a solicitor who is not used to purchases of property built in the first half of the 20th Century in Cornwall. If they’ve never heard of it, then they couldn’t advise on it being an issue

We’ve dealt with problems arising from mundic where surveyors have been alleged to negligently take samples, where the mundic has been covered (hidden) by other works, where the mundic is actually in a 1950s extension to a much older and otherwise fine property, and where it involves a party wall (creating a whole new range of complications)

With the right experience, background knowledge, and employment of relevant professionals, these issues can be managed to a satisfactory conclusion

Septic Tanks

Many properties, particularly in rural areas, are not connected to mains drainage. Where that is the case, there is likely to be a septic tank or water treatment plant

These require particular consideration, because they may be shared, shared costs may be ambiguous, the number of users or connections may change, and disputes can arise from their maintenance, overloading, unauthorised connections or interruptions or a lack of the documented legal rights they require

Increasingly, we see many previously functional septic tanks now coming to the end of their serviceable lives, with the knock on effect that any replacement needs to satisfy much more stringent environmental standards than was the case in the past. This can require a drainage field, which requires more land space, and which may be impractical

In short, people end up buying somewhere with insufficient foul drainage, with no easy legal fix

This is a problem very much to avoid if possible, before it becomes a very bad one

Public Rights

In areas close to the coast in particular, there is a risk that land could be subject to Common Land rights (which may include beaches, particularly on the North Coast), or public rights of way, including the South West Coast Path

The Coast Path and other formal Public Rights of Way are recorded on a publicly searchable map but there may well be others, such as prescriptive rights or other public paths used as though they are rights of way for more than 20 years, which then create usage rights by long user. Sometimes there are clues, such as unexplained gates, or strangers walking past. Other times, appropriate enquiries need to be made 

Otherwise, a right of way will have an effect on the value of the land and therefore give rise to a potential claim in diminution in value

Unregistered Land

In rural parts, there remains significant unregistered land, particularly where it’s been held by families for decades. This requires conveyancers to exercise the sort of skill and work that was more common 30+ years ago than it is now, when virtually all land outside of Cornwall is registered 

That in turn requires consideration of historical deeds, and of the extent of the land and the benefits and burdens that apply to them, to ensure that on a purchase (which will trigger the land to be registered) everything is recorded correctly

The obvious example is with boundaries, particularly in rural or agricultural land, with 6ft wide ‘Cornish Hedges’. In unregistered land, there is no ‘general boundaries rule’ and so the deeds themselves, and in particular the partitioning deed, are gospel about the extent of the land. A triggering transaction is the ideal time to address fixing those boundaries so that there is no confusion later

Prescriptive rights and easements also fall into the same category. By definition, these are not registered, and need to be found and dealt with at the earliest chance

And unregistered land also introduces the risk of a claim for adverse possession under the old 12 year rule - something increasingly uncommon 

In short, this is not usually something that a bulk conveyancing firm is likely to be able to easily handle, and if it goes wrong it can lead to significant work in undoing steps to sort things out that ought to have been resolved at the point of registration 

Where we come in

We’ve seen all this before

Solicitors acting, often but not always at a cut price, for the purchase of land assumed to be free from risk, because they don’t understand the very real issues that can arise in Cornwall. Perhaps recommended by agents; perhaps by the lender or someone else with skin in the game

They may be great at what they do, but this is different. This is Cornwall

No firm is immune to making a mistake that may result in a financial loss to their client, but those experienced in local purchases generally know what to look for and tend to do so; there are others however, who don’t know what they don’t know

It isn’t an excuse. If there was a search, test, or application of legal knowledge available that would safeguard the purchase of land in Cornwall and it wasn’t done, then the professional involved is at risk of a negligence claim, regardless of where that firm is located

It’s not just solicitors; surveyors can miss obvious clues, and things can be hidden by a seller who’s being economical with the truth when dealing with enquiries. Different cause, same problems resulting and something we are experts in dealing with

If you’ve experienced this, then we have the background knowledge and expertise to help - get in touch