Why are solicitors undertaking environmental searches when acting on behalf house buyers/sellers?
In 2001 the Law Society issued a legal warning card to all solicitors with regard to Part IIA, the main points of the card are listed below: ‘In purchases, mortgages and leases, solicitors should: • Advise the client of potential liabilities associated with contaminated land. Generally clients should be advised of the possibility and consequences of acquiring interests in contaminated land and the steps that can be taken to assess the risks. • Make specific enquiries of the seller in all commercial cases, and if contamination is considered likely to be a risk in residential cases, (e.g. re-development of brownfield land). • Make enquiries of statutory and regulatory bodies. • Undertake independent site history investigation, e.g. obtaining site report from a commercial company. In commercial cases, if there is a likelihood that the site is contaminated: • Advise independent full site investigation. • Consider use of contractual protections and the use of exclusion tests. This may invol
