Land Assembly and Access in Kirkwall
When several owners in Kirkwall each hold part of a developable area, nobody wants their land to become the road while a neighbour gets the houses. An equalisation agreement solves that by sharing proceeds by area, not by layout. Land to Homes can coordinate the owners, the planning strategy and the access as one package.
Kirkwall · KW15Free site appraisal
Tell us about your land and we will call you back. No cost, no obligation.
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- Free site appraisalNo cost, no obligation
- Legal fees coveredReasonable fees, on options and promotion
- Nothing to pay upfrontOn promotion: we fund planning
- Direct purchaseSuitable sites, with or without planning
- UK-wideEngland, Wales, Scotland and NI
Land and sites near Kirkwall
About 113 miles north-east of Inverness, Kirkwall is part of our Highlands & Islands coverage, centred on postcode district KW15. Nearby, we also cover Thurso, Buckie and Elgin, all within 93 miles.
Typical sites we review near Kirkwall include corner plots and side gardens, farmland next to the settlement boundary and redundant commercial buildings. Planning in Kirkwall follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.
Tell us where your land is around Kirkwall and we will explain the routes open to you.
What we offer in Kirkwall
Rights of way and easements
Public footpaths, drainage easements and private rights can affect a layout. We map them early and plan around them, or seek diversions, where the scheme requires it.
Ransom strips identified
A ransom strip is land that controls access to a development site. We check titles and highway records to establish who owns every piece of land between your site and the public road.
Visibility splays secured
A new junction needs clear sightlines across land on either side. If any of that land is in other ownership, rights or a purchase are needed before the access can work.
Highway boundaries checked
The adopted highway does not always reach your boundary. We ask the highway authority for its records, because a narrow unadopted verge can change the access position completely.
The Scottish system, as it applies in Kirkwall
Scottish land deals differ from the rest of the UK in a few ways: contracts are concluded by missives, consent in principle is called planning permission in principle, and developer contributions use Section 75 agreements. Land to Homes works within those rules around Kirkwall, whether buying a suitable site directly with no onward chain, subject to survey, title and contract, or promoting it through planning with nothing to pay upfront. Planning permission is never guaranteed, so we explain the risks plainly.
In Scotland, access rights over another person's land are servitudes rather than easements, and new roads need roads construction consent from the council under the Roads (Scotland) Act 1984. Titles may be on the Land Register or the older Register of Sasines, both kept by Registers of Scotland. Missives and LBTT apply to each purchase.
| Local planning document | Local Development Plan (LDP) |
|---|---|
| Who decides applications | The council as planning authority (or a national park authority in its area) |
| Land registration | Registers of Scotland (Land Register of Scotland) |
| How a sale becomes binding | Land sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland. |
Your questions answered for Kirkwall
Can the council force a neighbour to sell land for my development?
Generally no, for a private housing scheme. Councils have compulsory purchase powers for certain public purposes, but they are not a routine tool for individual developments. Most land assembly is achieved by agreement, which is why early, fair and well-documented negotiation matters so much.
Who pays the legal costs in a land assembly?
It depends on the structure. On option and promotion agreements with Land to Homes, we pay your reasonable legal fees, with the amount agreed up front in the heads of terms. For direct purchases and collaboration agreements, cost arrangements are agreed case by case and set out in writing.
What is a visibility splay?
A visibility splay is the area of land either side of a junction that must be kept clear so drivers can see approaching traffic. Its size depends on road speeds and the highway authority's standards. If part of the splay is owned by someone else, the scheme needs their agreement before the access can work.
What if my access crosses a public footpath?
A footpath crossing does not usually prevent access, but the design must keep the path safe and usable. If the layout needs the path to move, a formal diversion order is required, which is a separate legal process that members of the public can object to.
Is Kirkwall an area you cover for land?
Yes, we cover land in Kirkwall and elsewhere in Highlands & Islands, including Fort William, Inverness and Lerwick. Where a site suits us we can buy it directly, or set up an option or promotion agreement. On promotion there is nothing to pay upfront.
Read more: Land Assembly and Access · Guide: Ransom strips and access: what landowners need to know