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[email protected] mark@ems-fife.co.uk is offline
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Default Contaminated Land

On 31 Jul, 00:55, wrote:

In Scotland the contaminator pays if he`s traceable.If not the current
owner is liable.The danger is that the contamination is not just the
bit of coal you are seeing but that it is deep into the ground.If it
is deep and depending upon what it is the council/epa may serve an
order on you to clean it up.This as you are no doubt aware can be big
bucks entailing complete excavation of the site,treatment of the
contaminated spoil and it`s disposal.You then still have to reinstate
the site.
It is normal up here for the buyers legal people to have a clause in
the sale that leaves any contamination problem with the seller and it
is also usual for the sellers legal people to refuse to accept that
condition.It is also acceptable to have a drilling for contamination
survey to be done as part of the offer for the property.My preferred
course of action when faced with the possibility that a possible
purchase is contaminated is to walk away as the councils and
enviromental agencies do not take into consideration what the cost
will be to the landowner,all they want is the site cleaned up
regardless off cost.There will always be another buy another day.
Mark.


I meant to add that obviously if the survey shows it is only surface
contamination due to the coal then it is no major problem.Agree a
course of action with the contractor and put it to the council for
approval.
Bag all the coal and stack it on pallets ready for Palletline
collecting it for me.:-)