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When the polluter pays

By: Contributor(s): Series: Property Week ; 65(47) 1 December 2000, 78-79(2)Publication details: 2000Subject(s): Summary: Looks at how the new contaminated land liability makes trustees owning or investing in property liable to substantial clean-up costs or even guilty of a breach of trust and open to personal liability claims. The regime has been in force for six months but it seems that trustees are still unaware of their liabilities. The article outlines how the contaminated land liability operates, how the owner or occupier could be found at fault in lieu of an actual polluter and what courses of action are open to the owner occupier or trustee.

Looks at how the new contaminated land liability makes trustees owning or investing in property liable to substantial clean-up costs or even guilty of a breach of trust and open to personal liability claims. The regime has been in force for six months but it seems that trustees are still unaware of their liabilities. The article outlines how the contaminated land liability operates, how the owner or occupier could be found at fault in lieu of an actual polluter and what courses of action are open to the owner occupier or trustee.