Environmental search

Earlier this year I attended a course which was a general update in conveyancing.

Much emphasis was placed on the recently enacted Environment Act and strong recommendations were made that in certain circumstances, particularly where a new development was concerned, we should carry out such environmental enquiries as we thought appropriate.

Bearing this in mind, having recently been instructed to act on behalf of buyers of a property which was part of a new development, I submitted an environmental search.

Having received the results there were a number of entries which indicated that the property was in close proximity to a landfill site, waste transfer treatment or disposal sites.

I passed a copy of the report to the client's lender suggesting that they should in turn pass a copy through to the surveyor seeking his guidance.

The surveyor's reaction was that he was not prepared to comment on the report.

His reasoning behind this was because he said that he had not asked for it.

I pointed out to the lenders that I was not a surveyor and was certainly not in a position to comment on the entries which had been revealed.

I asked them to confirm that they were content for me to proceed on the basis of the report.

They said that they were not prepared to do so and would rely entirely on the certificate of title which I gave.

I pointed out to them that the search was carried out not only for the client's benefit but also for theirs.

They have adopted a similar stance with the surveyor and have indicated that they are not prepared to comment on the report, as they say they did not ask me to carry it out.

I pointed out to them that the standard mortgage instructions were to the effect that we were required to carry out 'such searches as we considered necessary'.

They were not prepared to comment and I have now been left in a position where I am having to return to the builders to ask them to resolve the matter to my satisfaction.

In my view there has been a general lack of communication both from the lender and the surveyor and has left both my client and myself in despair.

Graham Ireland, Haworth & Nuttal, Blackburn, Lancs