Asbestos under back yard

Tombo2001

Bought a house a few years back.

Backyard is all concrete, quite a large area. I guess the concrete is there 30 years by the look of it.

There are a few sheds around the back area and these have asbestos corrugated sheeting on the roof. The garage, which is a lot larger, has a felt roof.

I lifted a small area of the concrete with a view to planting some vegetables.

Under it was a good bit of the same asbestos corrugated.

My concern now is that there is heaps of this stuff, as it probably came off when previous owners were replacing garage roof; and that if I did lift the concrete the soil woulnt be safe for kids to play on or to grow fruit or veg.

The deeds/ contract said nothing about this; they ticked 'No' to the section around being aware of any environmental issues.

Is there a case here vs previous owners, for misleading or failure to disclose? Any thoughts? It will cost a lot to rectify and the alternative is to leave the ugly concrete in situ.

Many thanks

Pat Mustard

Tombo2001 wrote: »

Is there a case here vs previous owners, for misleading or failure to disclose?

Mod:

This is a request for legal advice. Legal advice may not be sought or offered on this forum.

This thread may be able to be left open for the time being, as long as legal advice is not given.

Pat Mustard

You will need to speak to a solicitor concerning various issues regarding whether you have a case, to include the issue of the statute of limitations.

I would imagine that you would need a specialist service to deal with the hazardous waste on your property.

Did you have an engineer carry out a survey when you bought the property? If so, did he point out the asbestos to you?

Tombo2001

TBH, I've spoken to two solicitors and got different replies.

Re the survey, it was under concrete so he couldn't have know.

coylemj

OP, if you want that concrete lifted then it's going to cost a bomb to deal with the asbestos that's been buried there because you're talking about people in special suits and as it's an outdoors issue, they will probably need to erect an airtight tent over the area. Asbestos is only a problem when it's airborne in the form of dust, it's pretty safe buried under concrete but digging it up and getting rid of it will be very expensive.

Pat Mustard

Tombo2001 wrote: »

Re the survey, it was under concrete so he couldn't have know.

I agree that your engineer wouldn't have dug up the ground. Did he spot the asbestos in the roof?

brian_t

Tombo2001 wrote: »

I guess the concrete is there 30 years by the look of it.

Is there a case here vs previous owners, for misleading or failure to disclose?

Were the previous owners living there 30 or more years ago.

Markcheese

As was said only a problem if the particles are airborne - don't try to cut the concrete or break it up -
Are you sure it's asbestos ? Might be worth checking that out - if it is - raised beds on top of the concrete -

Crazyivan 1979

Removal of Asbestos is tightly governed by health and safety law and only specialist contractors can perform this.

Also, Asbestos would be seen as a health and safety issue not an environmental one.

Tombo2001

Many thanks for all the responses guys and gals.

Easiest thing for us is to pave over it. Its not the most appealing option but we can do it. (I would rather have grass).

One issue is that we may do a kitchen extension, or slight alteration to the kitchen that would require digging in some years, so it may rear its head then.

I fully understand the issue around legal advice and apologies for any breach of forum charter.

My issue is that I've been told one thing by one solicitor and the opposite by another. Neither or environmental or Health and Safety experts.

Could anyone refer me, by PM, to a solicitor who is specialist in this field.

Many thanks.

Tombo2001

brian_t wrote: »

Were the previous owners living there 30 or more years ago.

They bought it 40 years ago but were not original owners.

Tombo2001

Pat Mustard wrote: »

I agree that your engineer wouldn't have dug up the ground. Did he spot the asbestos in the roof?

He did.

Perhaps a question that could have been asked is, where did the old asbestos roof from the garage go to.....anyway, I wouldn't hold that against him.

Markcheese

There is another thread on somewhere on boards about asbestos removal / and disposal - the jist of it was that asbestos removal isn't a specialist job - anyone can/ could do it - ( properly equipped I'd hope) . The transport and disposal is a very serious issue indeed - twin layers of very heavy (approved) plastic - I think specialized transport - and only 1 facility in the country that'll take it-

Tombo2001

Markcheese wrote: »

There is another thread on somewhere on boards about asbestos removal / and disposal - the jist of it was that asbestos removal isn't a specialist job - anyone can/ could do it - ( properly equipped I'd hope) . The transport and disposal is a very serious issue indeed - twin layers of very heavy (approved) plastic - I think specialized transport - and only 1 facility in the country that'll take it-

Sorry, just to be clear.

I amnt looking for a specialist asbestos removal firm.

I am looking for a solicitor with expertise in the area (Environmental or Health&Safety). The issue is that the asbestos was buried under the yard and there was no indication of this in the contract.

Tks.

NUTLEY BOY

The surveyor / engineer who inspected the property prior to purchase is only obliged to exercise reasonable care in performing their duties. Would not think that they have a case to answer in the matter of a hidden defect like this.

As far as previous owners go I suspect that it would be a waste of time and money trying to pursue them. Harsh as it may sound the rule of caveat emptor ( let the buyer beware ) applies to purchase of a property. Once you have had the property surveyed before purchase you are effectively the proud owner of any defects that surface after purchase.

If you tried to allege fraud against the vendor for selling you a pup - with defects - that would be an extremely hard case to make. How would you prove that they had knowledge ? Furthermore, if they were not technically minded people the answer given on the environmental hazards issue might have been true or given in good faith as far as they were concerned or it might be seen as a judgment that they were not competent to make. A natural and reasonable suspicion here is that the vendors pulled a fast one but the proof of that is an entirely different matter.

This is a rotten situation because you are now in the position of owning a property with a potential environmental hazard in place. If you ever sell you will need to declare the problem as you are now aware of it and fixed with the knowledge of it.

BTW as others have said the problem with asbestos arises when it is disturbed and that is when it becomes dangerous. Be sure that any contractor who tenders for the job is permitted to undertake that work and licensed to transport the material. A cousin of mine was considering getting asbestos roofing panels removed and got a quote from a supposedly registered contractor who was nothing of the sort when they checked him out with the local authority.

Also, some insurance companies are now excluding cover under house insurance policies for any legal liabilities arising from asbestos. That could have implications if you do decide to build an extension as anyone potentially at risk of exposure has to be warned. Contractors may have their own insurance to cover them but that may not indemnify you.

On a practical level the actual act of removing asbestos might be the very thing that creates the disturbance of the material with associated hazards. If you can live with it burial under solid concrete should do the job. However, as has also been pointed out there is no knowledge of the extent of exposure and only excavation will reveal that. Removal of this material is a specialist and hazardous job contrary to what may have been suggested elsewhere.

You do not need a solicitor specialising in environmental law. This is an issue relating to property /conveyancing and or contract and or negligence and or fraud. A competent and experienced solicitor should be well able to deal with it.

Tombo2001

NUTLEY BOY wrote: »

The surveyor / engineer who inspected the property prior to purchase is only obliged to exercise reasonable care in performing their duties. Would not think that they have a case to answer in the matter of a hidden defect like this.


You do not need a solicitor specialising in environmental law. This is an issue relating to property /conveyancing and or contract and or negligence and or fraud. A competent and experienced solicitor should be well able to deal with it.

Many thanks. One point is that the product is a corrugate roofing product with an asbestos component; which is lower risk than pure asbestos, apparently.

AnnaStezia

That is right. The asbestos is blended through cement to produce the panels and is usually stable enough until there is a breakage. Those released fibres may ultimately end up in the lungs and may become a problem like mesothelioma which has a long lead time from exposure to symptoms.

Nasty problem !