Climate Change in Conveyancing

Climate Change is having a severe impact on everything from farming to power production. Infrastructure can suffer from heat related fatigue and other issues, whether its railways expanding and shrinking in the sunshine, or melting road tarmac. In stark contrast with these heat related risks, there are also changes to the risk of flooding over time, with some areas facing increasing risks of flooding. 

When you are buying a house, with the finances, the Title, the search results, enquiries and so much information and stress, Climate Change probably has not reached the forefront of buyers’ minds. However, it needs to be considered. How will the passage of time change the risks you and your property face? 

If your road is not maintained at public expense, that additional wear and tear, or outright damage, in the extreme heat is a cost some homeowners may have to meet. Worse, if the ground beneath your home is shrinking as it dries, this could eventually have structural implications, and it could damage your home. If you owe your neighbour rights of lateral or subjacent support and the ground shrinks too much, it could undermine that support – this can have severe legal and cost implications for property owners. 

To give a frightening illustration, what if Climate Change means an increasing risk of wild fire around your new home? Particularly in rural surroundings where we have seen these disasters unfolding, this could leave your Property plans as ashes.

These factors affect not only the enjoyment and amenity of property owners, but the implications may be more subtle. Consider insurability and mortgageability. If the risks could be known or ascertained, should the insured have known about the risk? Will that void their insurance? Where insurance is affected, mortgages will be too as lenders fear for their security. 

The sunshine is lovely, but looking around the brown grass, the cracks in the soil and the changes to your local water courses, have you thought about how Climate Change and the weather will affect your property?

Our expert residential, agricultural and commercial property specialists are here to help, and early assessment of the risks you face and how you can mitigate them is key. 

the impacts are already being felt, including low river flows, early harvests and high risk of wildfires.

https://www.bbc.co.uk/news/articles/ckg35n7yny3o