45. Services crossing the property or neighbouring property

Services crossing the property or neighbouring property refer to utility infrastructure, such as drains, pipes, cables, or wires, that traverse the land either underground or overhead to provide essential services like water supply, sewage disposal, electricity, gas, telecommunications, or internet connectivity.


Impact on property sale 


  • Access and maintenance: Services crossing the property may require access for maintenance, repair, or upgrades, which could impact landscaping, construction, or use of the land. Buyers may consider the potential disruption and costs associated with servicing these utilities when evaluating the property. 
  • Easements and rights of way: Utility companies or service providers may hold easements or rights of way granting them access to install, maintain, or repair services crossing the property. These encumbrances may affect the property's use, development potential, or landscaping options, potentially influencing buyer interest and property value. 
  • Liability and responsibility: Property owners may bear responsibility for ensuring the integrity and safety of services crossing their land, including maintenance, repair, or replacement costs. Buyers should assess any potential liabilities associated with utility services and seek clarification on maintenance responsibilities. 

Agreements or arrangements 


  • Title documents: Property deeds, conveyancing documents, or registered title records may contain references to easements, rights of way, or utility agreements affecting the property. Buyers should review these documents to identify any existing agreements or arrangements related to utility services. 
  • Utility providers: Contact utility providers or service companies responsible for supplying water, electricity, gas, telecommunications, or other services to the property. Inquire about existing agreements, easements, or infrastructure crossing the property and request documentation or information on maintenance responsibilities. 
  • Local authority records: Local planning authorities or regulatory agencies may maintain records or registers of utility easements, rights of way, or service agreements affecting properties within their jurisdiction. Buyers can inquire with the relevant authorities to obtain information or documentation related to utility services crossing the property. 

Documentation for property sale 


Utility easement agreements Copies of utility easement agreements or servitude documents outlining the terms and conditions of access, maintenance, and responsibilities associated with utility services crossing the property should be provided to potential buyers. 
Property deeds and title documents Property deeds, title registers, or registered title documents obtained from the land registry authority may contain details of utility easements, rights of way, or encumbrances affecting the property's title and should be disclosed to buyers. 
Utility easement agreements Copies of utility easement agreements or servitude documents
Survey reports Property survey reports or land surveys may identify the location, route, and condition of utility services crossing the property, providing valuable information for buyers assessing potential impacts and risks. 
Solicitor's advice Buyers and sellers should seek legal advice from a solicitor or conveyancer specialising in property law to review and interpret relevant documents, assess the implications of utility services, and ensure compliance with legal requirements and obligations. 

By providing comprehensive information and documentation related to utility services crossing the property, sellers can ensure transparency, compliance, and informed decision-making for prospective buyers interested in properties with utility easements or encumbrances. 

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