Environmental

What is an 'environmental lien' and how does it affect Delaware real property?

AA lien placed on property by a neighbor who suffers environmental damage
BA government lien on contaminated property to secure the cost of environmental cleanup — it attaches to the property and must be resolved before clear title can pass✓ Correct
CA lien placed by an environmental consulting firm for unpaid ESA fees
DA lien required on all Delaware properties near Superfund sites

Explanation

Environmental liens arise when the government (EPA, DNREC) spends money cleaning up contaminated property and files a lien to recover costs. Environmental liens attach to the property and can take priority over other liens. Title searches and Phase I ESAs help identify properties with environmental liens or cleanup obligations before purchase.

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