|Contamination on properties is not always as obvious |
as this site was. Poor cow!
I only thought this kind of problem happened in rural areas where people have more land than they know what to do with. But apparently no matter where you are buying property, you have to beware of what someone buried there before you make the buy.
According to an AOL Real Estate article, new homeowners in Lakeland, Florida went to put in an in-ground swimming pool but kept coming up with buckets of trash. Not so much household garbage but rather tires, metal parts, an old lawnmower and other relics that forced them to abandon an in-ground pool and opt for one above ground.
Sellers are supposed to disclose potential negative aspects of a property but that would depend upon them knowing about it. According to the Bainbridge Law Firm Arizona real estate and commercial litigation attorneys, buyers have to prove the sellers had knowledge of the defects in order to prevail in court. Sometimes the suits can extend to the real estate agents and the brokers that worked the transaction.
Disclosure can be necessary for some strange things. For example, in Florida owners have to disclose the presence of gopher tortoises since they are endangered and a protected species. It is illegal to harm them them or move them or to damage their nests, according to Florida Realtors Legal FAQs.
The problem with personal landfills can go back a long time because it was once very common for people to use their own properties as personal dumps. An added concern arises for those people buying properties from banks because while in some states banks are required to disclose defects it's likely they might not be aware of them since they don't occupy the property as a homeowner does.