Nuisance and the rule in Rylands v Fletcher—common law liability for pollutionPrivate nuisancePrivate nuisance is an unlawful interference with a...
Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiriesCommercial Property Standard Enquiries (CPSEs) are industry...
Sewers and drains—sewerage undertakers’ core duties and powersA sewerage undertaker is the company appointed by the Secretary of State or Ofwat to be...
BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
Environmental due diligence—leasesA number of environmental liability issues can arise in property transactions. See Practice Notes: Environmental issues in property transactions—acting for a seller and Environmental issues in property transactions—acting for a buyer.This Practice Note focuses on
Environmental issues in property transactions—acting for a buyerBuyer bewareAn innocent buyer can inherit significant environmental liabilities in relation to land and buildings. ‘Caveat emptor’, meaning ‘let the buyer beware’, is a common law principle meaning the seller is under no duty to
Sale contract clauses—seller retains environmental liability for contamination1DefinitionsIn this clause [1] the following definitions apply:Contaminated Land Regime•Part IIA of the Environmental Protection Act 1990 as amended from time to time and the Statutory GuidanceContamination•the presence or
New starters lease transactions collection (environmental issues)—negotiation tactics acting for the landlord and tenantWho takes responsibility for contaminated land liabilities?If historic land contamination is a concern or the tenant’s activities involve polluting activities, the parties will
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