1980 Environmental Lien & AUL

ASTM 1527 update

In November of 2021, the American Society for Testing and Materials Standard made significant changes to E1527-21, particularly in the section pertaining to Environmental Lien and Activity and Use Limitation research.

Prior to the most recent update, standard practice was to run a current owner search starting from the date at which the current owner purchased the property to present. With the update, it is now required to research back to 1980, which is when CERCLA was enacted. There are now two ways to meet this requirement.

1. 1Performing a current owner search, the same report previously used, and reviewing that report together with the previous title insurance policy on the property. If the client provides a copy of the previous title policy, AFX will review that document for AULs at no additional cost.
2. 2Running a full environmental lien search from 1980 to the current day. That is the report on this page.

Samples are available for review that highlight the additional work required to ensure compliance with ASTM 1527-21. See the sample reports, or read our comparison of ASTM E1527-13 and E1527-21.

What the 1980 report contains

• Complete search to 1980
• Environmental lien summary
• AUL summary
• Legal description of property
• Deed recording information to 1980, including book, page, date, grantor, and grantee
• Copy of current deed
• List of all locations researched to complete the report

The report documents every environmental lien and AUL found of record in the repositories searched. Recording and indexing practice varies by county, and the judgment about what a finding means for the site belongs to the environmental professional preparing the assessment.