Legal Question in Real Estate Law in New York

Inherit Contaminated Land

My family has just inherited land from my mother. While she

was alive she allowed the local town to use it as a dumping

ground for $1 a year. The land may or may not be

contaminated, but it still houses everything the town has

dumped there over the years. Should this land be contaminated,

am I or any of those inheriting the land culpable? What actions

can we take to ensure that we are not held responsible for my

mother's actions?


Asked on 3/10/09, 7:05 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Inherit Contaminated Land

You would first have to determine if the land is contaminated. An environmental study may be costly. However, the estate should be paying for the cost.

If the land is contaminated, you may want to keep title to the land in the estate - and transfer land from the estate to the Town. Of course, this depends on the cost to remove the contamination. By keeping the land with the estate, you would not be held personally responsible (since it was never your property).

Mike.

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Answered on 3/11/09, 8:26 am


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