Property Transfer: What you need to know

Governing Law and Regulations

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 42 USC 9601 to 9675

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All appropriate inquiry standards: 40 CFR 312.1 to 312.31

Oil pollution: 33 CFR 137.1 to 137.85

Federal property transfer applicability and reporting: 40 CFR 373.1 and 40 CFR 373.2

Contract notice requirement: 40 CFR 373.3

Definitions: 40 CFR 373.4

National Environmental Policy Act (NEPA) regulations: 40 CFR 1500 to 1508

Environmental justice: Executive Order (EO) 12892

Hazardous waste injection wells: 40 CFR 146.72

Underground storage tank (UST) foreclosures: 40 CFR 280.210(c)

Brownfields: The Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Act), Public Law 107-118

Regulatory Agency

U.S. Environmental Protection Agency (EPA)

See ADDRESSES & CONTACTS for addresses and telephone numbers.


Property transfers can trigger numerous environmental requirements. Site permits and environmental agreements require consideration before a transfer as they may require reapplication or transfer to the new responsible party. Deeds should be carefully reviewed to determine whether any environmental covenants, restrictions, or easements apply.

Property transfer is defined broadly and can include a change in stock, title, or real estate interest, as well as changes in right of ways, easements, or property use rights. "Real property" includes land and improvements (such as roads, buildings, and other structures, including installed permanent fixtures) on the land. Federal property transfer requirements typically apply to those sites that have or have had commercial and industrial land uses.

Sellers are required to disclose all site environmental conditions, ...

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State Requirements

Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |

Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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