Waite and Jewell: Environmental Law in Property Transactions provides a comprehensive practitioner guide to the environmental issues that arise in property transactions.
It is divided into three key sections: 1. Commentary and guidance on the property transaction and identifies where the environmental issues might occur. 2. Broader discussion and explanation of specific environmental law issues that the practitioner needs to know about. 3. Provision of precedents to assist the busy property lawyer.
This edition will give a general update following the last edition in 2009 and covers the Green Deal, Climate Change Regulations and the significant number of Environmental Permitting Regulations and Waste Regulations that have amassed since the last edition. Also includes a whole new chapter on climate change.
Part I Approaching the Transaction: Chapter 1 Introduction to Parts I and II; Chapter 2 The need for information; Chapter 3 Preliminary enquiries; Chapter 4 Freedom of access to environmental information; Chapter 5 Local land charges search; Chapter 6 Local authority and Water Company enquiries; Chapter 7 Other sources of information; Chapter 8 Environmental survey; Chapter 9 Assessing and managing environmental risk: contractual provision and environmental insurance; Chapter 10 Particular transactions – leases and lending; Chapter 11 Development contracts; Chapter 12 Transferring permits; Part II The Broader Context: Chapter 13 Civil liability; Chapter 14 Statutory nuisance; Chapter 15 Contaminated land; Chapter 16 Waste; Chapter 17 Water; Chapter 18 Built environment; Chapter 19 Nature conservation; Chapter 20 Integrated pollution control and atmospheric pollution; Chapter 21 Climate Change; Part III Precedents.
Previous edition ISBN: 9781845921064
Read an extract of Waite and Jewell: Environmental Law in Property Transactions
Table of Contents
PART I APPROACHING THE TRANSACTION Chapter 1 Introduction Chapter 2 Dealing with information – the caveat emptor rule and environmental issues Chapter 3 Preliminary enquiries Chapter 4 Freedom of access to environmental information Chapter 5 Local land charges search Chapter 6 Local authority and water company enquiries Chapter 7 Other sources of information Chapter 8 Environmental survey Chapter 9 Assessing and managing environmental risk: contractual protection and environmental insurance Chapter 10 Particular transactions – leases, lending and securitisation Chapter 11 Agreements for remedial works Chapter 12 Transferring permits PART II THE BROADER CONTEXT Chapter 13 Civil liability Chapter 14 Statutory nuisance Chapter 15 Contaminated land Chapter 16 Waste Chapter 17 Water Chapter 18 Built environment Chapter 19 Nature conservation Chapter 20 Environmental permitting and atmospheric pollution PART III PRECEDENTS A Definitions B Provisions designed to channel liabilities to the buyer under the general law C Warranties D Wide indemnity E Limited indemnity by the seller and counter indemnity by the buyer F Lease provisions – tenant's covenants G Lease provisions – landlord's covenants H Loan agreement clauses I A letter of appointment of environmental consultant J Deed of collateral warranty K Deed of appointment of environmental consultant to undertake site investigation – Phase II (intrusive works) L Remediation works