Blasting 1.5 miles away in disclosure?

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Blasting 1.5 miles away in disclosure?

If there is a cement plant that blasts over 100 times per year effectively twice a
week exactly 1.5 miles from a home, should that be included in a real estate
disclosure?
This is a noise concern and the blasting creates large amount so of dust I’m not
sure how far that spreads. The plant also emits mercury into the air.

Asked on February 7, 2019 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Is there dust from the plant on your property? Or higher than normal mercury levels on your property? You have to disclose conditions on your property if they are not readily apparent to someone looking at the home to buy it if you know of them or reasonably suspect, based on the circumstances, that they may exist. Possibly hazardous dust from the blasting or mercury would meet these criteria: they are hazardous conditions not readily apparent that you could reasonably suspect may exist. You should have an environmental firm test you property: if there are no hazards you don't have to disclose, since you don't have to disclose what happens elsewhere, including noise from the plant's operations.


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