Published date:January 08, 2016
Last updated date:January 08, 2016
By Manny Manriquez
Landowner Liability Protections
The story above is an extreme example, but prospective property owners do need to consider all possibilities when conducting their due diligence on the purchase of land. It's wise to trace ownership back as far as possible and learn how the land was previously utilized. That bed and breakfast with 20 acres you're contemplating buying in southern Ohio may seem peaceful and benign, but is it actually sitting on land that used to be owned by a coal-mining company that used the property as a waste-dumping ground in the 1930s?Of course, purchasing contaminated property or that with other environmental issues does not necessarily mean that you – the new landowner – are automatically responsible for the problems. The EPA now recognizes landowner liability protections and has since 2002. But, of course, it's best to avoid the entire problem altogether. For information on EPA laws and regulations for landowners, businesses, and private citizens - including the Clean Air Act and the Clean Water Act - visit the EPA website here: http://www.epa.gov/laws-regulations Visit here for information on the laws, regulations, and policies of the U.S. Bureau of Land Management http://www.blm.gov/wo/st/en/info/regulations.html Simply put, it's vital that you have a real estate attorney who's well-versed in environmental law conduct environmental due diligence before completing the purchase. In no way do we wish to scare you away from purchasing property. After all, our goal at LandHub.com is to help you “Sell Your Land, Land your Dream” and also “Buy Your Land, Land Your Dream.” But, like all things in life, it takes a bit of effort to ensure your dream unfolds perfectly.
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