An Ohio property was previously used as a dry cleaning operation. The Ohio EPA conducted an investigation and found tetrachloroethylene (PCE) contamination in the soil and groundwater. The property was cleaned up under the Ohio VAP and received an NFA letter with a deed restriction prohibiting groundwater use. A buyer purchases the property. Under Ohio law, what happens to the deed restriction?
Correct Answer
C) The deed restriction runs with the land and binds the new owner, who must also comply with the groundwater use prohibition
Under Ohio law, deed restrictions placed as part of environmental cleanup under the VAP run with the land and bind all subsequent property owners. The new buyer must comply with the groundwater use prohibition regardless of the property's current use.
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