Successor Liability for Environmental Damage

Abstract

This paper discusses the liability for environmental damage as between successors in title to the same property. There are two broad bases for imposing environmental liability: the process of sale, and limitations on rights of user. The first part of this paper discusses the process of sale and the specific issue of liability for non-disclosure of latent defects. The second part of the paper discusses limitations on the rights of user that may be imposed by the common law under the tort of nuisance. This is a new and growing area of law with the potential for producing high damage awards.