The negligent conveyancing of polluted and contaminated land

Abstract

There has been much discussion of the subject of contaminated land in the academic and professional press, particularly since the proposal to register sites subject to contaminants prior to the enactment of the Environmental Protection Act 1990. Much of this work has focused on aspects of the regulatory regime such as liability for pollution and its remediation and on the consequences of owning a contaminated site in terms of the site’s value. There has been relatively little discussion, other than in engineering journals, on site investigations and how these can assist potential purchasers of land in avoiding acquiring liabilities with a contaminated site. Similarly, there have been few articles concerning the liability of professional advisers in this respect. Seeks to explore both of these issues by examining the role of conveyancing professionals in England and Wales. It contains discussion of how liabilities for pollution may be acquired and reports primary research which indicates that conveyancers may not, in general, be exercising their professional duties to protect clients’ interests adequately.