Commercial buyers and their attorneys

What property needs a lien search?

Free guide to the environmental lien and land use limitation search a Phase I needs: where to look, who may do it, and the 180-day window.

  • Free to read
  • No sign-up until the draft
  • Hands off to the right door
5 FT APN 018-224-07 ADU · 640 SQ FT

ePlan fills in

  • Parcel and owner of record
  • Cleanup sites on the property
  • Superfund sites
  • Regulated facilities

How it works

Environmental lien and land use limitation search checklist, from one answer

  1. Enter the property and county.
  2. ePlan lists the recorder, state registries and federal records to search.
  3. Use the checklist free. Buying the property? Price a Phase I and draft the user questionnaire.

What you get

Environmental lien and land use limitation search checklist and 1 more document

The check is free. The paperwork after it is drafted at the Phase 1 ESA cost calculator door.

The first draft

Environmental lien and land use limitation search checklist (free)

  1. Property, owner and legal description
  2. County recorder search for cleanup liens
  3. Federal Superfund lien notices
  4. State registries of engineering and institutional controls
  5. Results to hand the environmental professional
  6. Dates: within 180 days of closing
Next · 2

Phase I ESA user questionnaire

  1. Environmental cleanup liens
  2. Activity and use limitations
  3. Specialized knowledge
  4. Purchase price versus fair market value
  5. Commonly known information about the property

From public data

What ePlan fills in, and from where

180 days

before you acquire a property is the window in which a Phase I's lien search must be done or updated
Source: 40 CFR 312.20(b), eCFR

Ready for the paperwork?

Estimate a Phase I environmental site assessment's cost and timing, then fill in the ASTM E1527-21 user questionnaire your consultant needs. Free to read.

Phase 1 ESA cost calculator →

Questions

Environmental Lien Search: what people ask

Can the buyer do the lien search?

Yes. The All Appropriate Inquiries rule lets the buyer, rather than the environmental professional, search for environmental cleanup liens filed or recorded under federal, tribal, state or local law and give the results to the professional.

Source: ecfr.gov

What is a federal Superfund lien?

Cleanup costs a person owes the United States become a lien on that person's real property affected by the cleanup. It is subject to the rights of buyers and lenders who perfected their interests before notice of the lien was filed in the proper state or county office.

Source: law.cornell.edu

Does a Phase I check land use restrictions?

Yes. The records review covers registries of engineering controls and of institutional controls, including environmental land use restrictions, for the property, and engineering controls within half a mile.

Source: ecfr.gov

The rules this door follows