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Contaminated land survey
gus
Posts: 23 Forumite
Hi
We are in the process of moving (chain complete surveys just being done etc.).
Our council is undertaking a contaminated land investigation and results of this has dragged on are still not it. The survey is being undertaken beacuse our property is on the site of an old brickworks and is within 250 metres of the site of an infilled pit associated with the site. Now the houses have been there for 50 years and no one has had any adverse effects in that time. Everyone knows that the brickworks was there and I'm sure everyone is of the opinion there is no danger.
We are now seriously worried that our purchase is going to fall through as a result of this. We had not mentioned the investigation to anyone on the assumption that the invetigation would be over before the process got this far and because we didn't think we needed to. Speaking to the council they said it won't show on an environmental search but if a solicitor asked them they would have to disclose the investigation. Our solicitor advised us to fully disclose the invetigation and I have instructed her to disclose this to the buyers solicitors.
From what the council have said unofficially there is next to no chance that our land will be clasified as contaminated but there is no way they'll put that in writing until the results are all done. They say the results are due soon but I doubt it.
Does anyone have any experience of this and how we can help convince our buyer that she has nothing to worry about buying the property.
We are unsure whether we have to disclose the investigation. My belief is that as it has not been classified as contaminated we don't need to say anything? Or would this disclosure come better from us direct to her rather than thru the solicitors.
Any help would be gratefully received
red tape eh? Praise be to Mr Blair
We are in the process of moving (chain complete surveys just being done etc.).
Our council is undertaking a contaminated land investigation and results of this has dragged on are still not it. The survey is being undertaken beacuse our property is on the site of an old brickworks and is within 250 metres of the site of an infilled pit associated with the site. Now the houses have been there for 50 years and no one has had any adverse effects in that time. Everyone knows that the brickworks was there and I'm sure everyone is of the opinion there is no danger.
We are now seriously worried that our purchase is going to fall through as a result of this. We had not mentioned the investigation to anyone on the assumption that the invetigation would be over before the process got this far and because we didn't think we needed to. Speaking to the council they said it won't show on an environmental search but if a solicitor asked them they would have to disclose the investigation. Our solicitor advised us to fully disclose the invetigation and I have instructed her to disclose this to the buyers solicitors.
From what the council have said unofficially there is next to no chance that our land will be clasified as contaminated but there is no way they'll put that in writing until the results are all done. They say the results are due soon but I doubt it.
Does anyone have any experience of this and how we can help convince our buyer that she has nothing to worry about buying the property.
We are unsure whether we have to disclose the investigation. My belief is that as it has not been classified as contaminated we don't need to say anything? Or would this disclosure come better from us direct to her rather than thru the solicitors.
Any help would be gratefully received
red tape eh? Praise be to Mr Blair
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