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July , 2001
Surveyors warn of new
responsibilities for landowners
Hodgson Elkington, the Lincoln and Newark chartered surveyors have warned
property and landowners to prepare themselves for new responsibilities placed
upon them as local authorities compile contaminated land registers.Local
councils now have to have a written strategy for identifying contaminated
areas and to find out who is responsible.
"There are now new onerous responsibilities placed upon the shoulders of
conveyancers. Obligations under the recently introduced Environmental
Protection Act over contaminated land not only place new responsibilities
upon commercial property and landowners but on residential homeowners too. We
have been pro-active in this respect and now advise our clients to take out a
specially tailored homecheck land insurance to provide them with
environmental searches and protection," said Peter Hornby, partner at
Hodgson Elkington's Lincoln office.
"The new regulatory regime specifically for
contaminated land came into effect in April. One of the main aims of the legislation is to identify sites
that are polluted and then make sure they are cleaned up. The legislation
operates in a retrospective and retroactive way by applying to all land and
pollution that has occurred in the past. The key principle of the new regime
is that the polluter pays to clean up sites that are
deemed by a local
authority to be contaminated.
"Where the polluter cannot pay or cannot be found, the liability for cleaning
up a site rests with the present owner or occupier of the lands.
"The legislation is important for homeowners, commercial property owners and
landowners as there could be considerable legal costs to them. The best and
easiest way of minimising that risk is by taking out a tailor made an
insurance policy which offers the dual protection of a combined insurance and
environmental search," said Mr Hornby.
Hodgson Elkington's Homecheck Land Insurance provides legal representation in
defending, negotiating with or appealing against a local authority's decision
and legal and other costs in pursuing identifiable
polluter of the land in
question and clean up costs up to a £1 million indemnity limit.
Further details can be obtained from:-
Peter Hornby (Hodgson Elkington)
telephone 01522 512232
or Paul Croft (Croft Communications)
tel: 01427 788319
Issued on behalf of Hodgson Elkington by Croft Communications Ltd.
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