Real Property Environmental Issues

Question 1

Construction on a single-family residence in a new subdivision started on June 1, 1977. Construction was completed on January 1, 1978. The current owner, John Ying, acquired the property via first deed out from the developer. The property has not been remodeled or rebuilt since it was originally constructed. Ying is now selling the property, and is represented by a licensee. All of the following choices related to compliance with federal lead-based paint disclosure rules are incorrect, except:

Answer 1

The seller must inform prospective buyers of any lead-based paint he knows is on the property.

• With regard to federal lead-based paint disclosure rules, “target housing” includes residential dwellings built before January 1, 1978. This is the difference that one day can make. If construction started on December 31, 1977, then the residential dwelling is target housing, and lead-based paint warnings must be given to prospective buyers and tenants. If construction started on January 1, 1978, then the dwelling is not target housing, and the lead-based paint disclosure requirements do not apply. However, even if construction of the house commenced on or after January 1, 1978, a seller or landlord with actual knowledge of lead-based paint on the property is under a duty to disclose this to prospective purchasers and tenants.

Question 2

The process that involves covering a landfill with two to four feet of clay-like soil and planting grass on the soil is the process of _____________.

Answer 2

Capping.

• Landfills and the toxins and chemical by-products of the refuse are a major cause of groundwater contamination because rainwater and snowmelt can filter through the refuse and dissolve a wide range of water soluble pollutants, which then seeps into the ground. The process of capping mitigates this process because the clay-like soil forms a barrier so that most of the water stays above the level of the refuse and less water filters through the refuse.