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MaxEng
I said that the title searchers I have seen in action in my area are unprofessional.
I never said that others conducting Phase I reports are unprofessional.
As to the COT--I misspoke there. I called it a chain of title. I meant to say I do my own property ownership history/deed search/search for liens, AUL's, etc. . .
8.2.2 Additional Environmental Record Sources--To enhance and supplement the standard environmental record sources in 8.2.1, local records and/or additional state or tribal records shall be checked when, in the judgement of the EP, such records are . . . .
it goes on to list many, one of which is Local Land Records (for activity and use limitations)
Here in OH and the surrounding states where I do business, these are recorded with the deeds and/or official records at the court house.
8.3.2 Uses of the Property-All obvious uses of the property shall be identified from the present, back to the property's first developed use, or back to 1940, whichever is earlier. . . . .
yes, it goes on to say only as many sources are necessary and reasonable ascertainable. Since the AULs, engineering controls, etc. are listed with the deeds here, it is necessary to do a deed search.
A COT is a requirement, and at my company, we always provide this service when performing a Phase I ESA. I'm shocked that so many companies perform Phase I's without adhering to the ASTM guidelines. We do not look at it as an "option" it is simply part of the process.
I do the COT myself. I do not use title companies. I have seen them in action in the deed book rooms. Terribly unprofessional to say the least. (I could tell you horror stories, but I will stick to the topic).
I've done hundreds and hundreds of Phase I ESA's during my career, all over the country. Basically, what they look for seems to be a clear title histoy-making sure someone's great-great-grand nephew that got left out of the will doesn't come out of the woodwork to claim he owns the property in question. I asked a few of the title researchers what they do if they find an environmental lien and none of them had any idea what I was even talking about!
For most properties, it takes me only an hour or two at the county courthouse to search back to the early 1900's. Since I need to travel to the site to do the site investigation, I plan on doing the COT while in the area.
I have found "suspicious" owners such as oil companies back in the 1930's on properties that otherwise look completely without any environmental concerns. I have also found environmental liens that were not correctly carried with all future deed transfers. That led to modern property owners not knowing that an environmental lien had been placed on their property several owners ago. That happens occasionally when a property is transfered several times in a short time frame.
If a title company offered this service, I would be wary. The ones I have seen in action so far, at least. If a title company specialized in the type of service that we need, including a full COT and a search for environmental liens, I might give them a try, but I would double-check their data the first few times I used them.