44. Arrangements that might affect the property
Arrangements that might affect a property encompass various legal encumbrances, obligations, or interests held by third parties, which can impact the ownership, use, or enjoyment of the property.
Here are definitions of specific arrangements that might affect a property:
| Other people's rights to mines and minerals under the land | This refers to the rights held by third parties to extract, exploit, or benefit from mineral resources, such as coal, oil, gas, metals, or aggregates, located beneath the surface of the land. These rights may be conveyed through mineral leases, mineral rights agreements, or mineral reservations, allowing individuals or companies to explore, mine, or extract valuable minerals from the property's subsurface. |
| Chancel repair liability | Chancel repair liability is an ancient legal obligation that imposes responsibility on property owners to contribute towards the cost of repairing and maintaining the chancel (the area around the altar) of a parish church. This liability arises from historical land grants or endowments and may affect properties located within the boundaries of parishes where chancel repair liability remains enforceable. Property owners may be liable to cover repair costs for the chancel, even if they are not members of the church or affiliated with the parish. |
| Other people's rights to take things from the land (such as timber, hay, or fish) | These rights pertain to the entitlements held by third parties to extract or harvest natural resources or products from the land, such as timber, hay, crops, minerals, or fish. These rights may be conveyed through easements, licenses, or agreements granting individuals or entities permission to enter the land and remove specified resources or products for personal or commercial purposes. For example, a neighbouring landowner may hold rights to cut timber from woodland on the property, or a fishing club may have rights to fish in a river or lake located on the land. |
Impact on property owners
Arrangements such as these can have significant implications for property owners, affecting their property rights, financial liabilities, and land use activities. Property owners should carefully review and consider these arrangements when purchasing or owning property, seeking legal advice to understand their rights and obligations and mitigate potential risks or liabilities associated with third-party interests. By addressing and managing these arrangements proactively, property owners can protect their interests and ensure compliance with legal requirements while minimising potential disputes or conflicts with third parties.