Juvabr
2010-10-28 12:52:11
- #1
Hello,
I am new here. A few weeks ago, we purchased a planned terraced house including the land from a property developer (fixed price). Now construction has started and it looks like contaminants (presumably tar) have been found under the land. Today we will probably receive the results of the soil samples.
Our question is therefore, what is the legal situation if contaminants are indeed present? The plot is the last gap in a larger new development built a few years ago. Originally, there was a brickyard on the site. There were no problems with contaminants at the other houses. Various trial drillings before construction began also revealed no relevant indications.
The current owner is still the developer; we already have a priority notice of conveyance registered in the land register. The notarial contract contains the note that "the parties were informed by the notary about owner liability regarding contaminants." However, to our knowledge, he did not elaborate on this, and currently the developer remains the owner until the final payment is made.
Finding the polluter will likely be difficult, as the developer purchased the land from an insolvency estate.
Our question therefore is, how are the costs handled? Does the developer have to pay for this because of the fixed price (soil removal must be done at his expense), or are contaminants a special case and is this problem ours?
Thank you very much for the answers!
I am new here. A few weeks ago, we purchased a planned terraced house including the land from a property developer (fixed price). Now construction has started and it looks like contaminants (presumably tar) have been found under the land. Today we will probably receive the results of the soil samples.
Our question is therefore, what is the legal situation if contaminants are indeed present? The plot is the last gap in a larger new development built a few years ago. Originally, there was a brickyard on the site. There were no problems with contaminants at the other houses. Various trial drillings before construction began also revealed no relevant indications.
The current owner is still the developer; we already have a priority notice of conveyance registered in the land register. The notarial contract contains the note that "the parties were informed by the notary about owner liability regarding contaminants." However, to our knowledge, he did not elaborate on this, and currently the developer remains the owner until the final payment is made.
Finding the polluter will likely be difficult, as the developer purchased the land from an insolvency estate.
Our question therefore is, how are the costs handled? Does the developer have to pay for this because of the fixed price (soil removal must be done at his expense), or are contaminants a special case and is this problem ours?
Thank you very much for the answers!