Environmental
A Mississippi seller is aware that a leaking underground storage tank was removed from the property 10 years ago but no cleanup was performed. The seller's disclosure obligation is to:
ANot disclose, because the tank was removed
BDisclose the known prior contamination because it may still affect the soil and groundwater✓ Correct
COnly disclose if MDEQ has issued a notice of violation
DDisclose only to buyers who ask specifically about environmental conditions
Explanation
Even if the UST was removed, the seller knows that no cleanup was performed, meaning contamination may remain. This is a material fact that must be disclosed.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial 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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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