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Descriptions of Terms Specific to This Standard actual knowledge - the knowledge actually possessed by an individual who is a real person, rather than an entity. Actual knowledge is to be distinguished from constructive knowledge that is knowledge imputed to an individual or entity. adjoining properties - any real property or properties the border of which is continuous or partially contiguous or partially contiguous with that of the property but for a street, road, or other public thoroughfare separating them aerial photographs - photographs taken from an airplane or helicopter (from a low enough altitude to allow identification of development and activities) of areas encompassing the property. Aerial photographs are often available from government agencies or private collections unique to a local area. appropriate inquiry - that inquiry constituting "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined in CERCLA, 40 USC § 9601 (35)(B), that will give a part to a commercial real estate transaction the innocent landowner defense to CERCLA liability(42 USC § 9601 (A) and (B) and § 9607(b)(3)), assuming compliance with other elements of the defense. approximate minimum search distance - the area for which records must be obtained and reviewed pursuant to Section 7 subject to the limitations provided in that section. This may include areas outside the property and shall be measured from the nearest property boundary_ This term is used in lieu of radius to include irregularly shaped properties. building department records - those records of the local government in which the property is located indicating permission of the local government to construct, alter, or demolish improvements on the property. Often building department records are located in the building department of a municipality or county.. commercial real estate - any real property except a dwelling or property with no more than four dwelling units exclusively for residential use (except that a dwelling or property with no more than four dwelling units exclusively for residential use is included in this term when it has a commercial functions, as in the building of such dwellings for profit). This term includes but is not limited to undeveloped real property and real property used for industrial, retail, office agricultural, other commercial, medical, or educational purposes; property used for residential purposes that has more than four residential dwelling units; and property with no more than four dwelling units for residential use when it has a commercial function, as in the building of such dwellings for profit. commercial real estate transaction - a transfer of title to or possession of real property or receipt of a security interest in real property, except that it does not include transfer of title to or possession of real property or the receipt of a security interest in real property or the receipt B&V Project 62041.100 Appendix A NA6204 I Thase-Ldoc(1/27/99) 6 V3