Environmental
CERCLA (Superfund) in Maine means that a current property owner may be liable for cleanup costs of hazardous substances on their property even if:
AThe contamination occurred after their purchase
BThey did not cause the contamination and purchased without knowledge✓ Correct
CThe state has already issued a cleanup order
DThe contamination only affects the groundwater
Explanation
CERCLA imposes strict liability, meaning a current property owner may be liable for cleanup costs even if they did not cause the contamination. The innocent landowner defense requires due diligence (Phase I environmental assessment) before purchase.
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Key Terms to Know
Variance
Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Closing CostsFees and expenses paid by the buyer and/or seller at the closing of a real estate transaction, in addition to the property's purchase price.
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