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?
1 Answer from Attorneys
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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