Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Hi. I bought a house recently and was trying to refinance it when the bank called and said we would have to get an environmental study done on the property because there is a conveyance on the deed that says for the installation, maintenance, and repair of gas tank and lines. I cannot find where this tank may have been and have researched the deed back 60 years to when it was a farm, but found nothing about the conveyance and if there was a tank of any kind installed underground. I assume the gas tank and lines would have been underground. Where can I find someone to do an environmental study on the property, and how can I get this conveyance taken off the deed so I can get it refinanced?”
Technically, you won’t get the conveyance “taken off” as such-property records are meant to be permanent, so even if they’re in error you only have them corrected, not removed. That having been said, there are companies who do environmental cleanup (“remediation”) of underground gas tanks and the like, and generally their first step in such a cleanup is site assessment and testing, which would involve locating any underground tanks and/or any chemical residue left behind by one that was installed and later removed.
Depending on how difficult it is and how much physical testing is involved, this might not be a cheap process, so I would speak with the bank (maybe more than one bank) about exactly what they would need to clear this issue, possibly in conjunction with a remediation company.
