SEARCH FOR A SOLUTION

I agree with Roger Wilson of Countrywide Property Lawyers (see [2001], Gazette, 27 September, 18) and his reservations about contaminated land searches.

The essential point is that solicitors are not qualified to make judgements about the information contained in such searches.

This ought to be a matter between the lender and the lender's panel surveyor.

So far, as our own terms and conditions are concerned, perhaps a standard client care clause to the following effect:'The owner of a property may have to pay for the decontamination of land even if he was not responsible.

You can, if you wish, ask us in writing to arrange a contaminated land search at an extra cost which we will pass on to you but conveyancers are not professionally qualified to interpret the contents of such data.

In the absence of such suitable advice you proceed at your own risk.'I was tempted to add that independent surveyors may be able to assist with analysis of the report, but I do not hold out much hope that they would wish to commit themselves.

The fault, of course, is in the drafting of the legislation.

Once again, the buck has been passed to us.

We must not accept it.Richard Knight, Richard Knight & Company, Syston, Leicester