Buyer beware if unfamiliar with environmental issues. Environmental law is often puzzling since contamination is invisible, it migrates and the current liability rules may not make “common sense”. When buying or leasing real property it is important to do your environmental due diligence early in the process.
Contaminated sites are becoming increasingly common. If a property has been developed in the past for urban or industrial uses, there is a higher risk of contamination. There are ever increasing costs associated with the remediation of a contaminated site and buyers often face the high costs associated with remediation along with substantial exposure to multiple claims arising from pollution incidents.
We have also acted for landowners in recovering remediation costs from former owners of the property or from adjacent landowners in circumstances involving migration of contaminants. Our multidisciplinary team is well equipped to represent your interests with practical, creative and strategic advice whether buying or selling a property.