[justaskmom]

I bought a property 4 years ago in WA state that had been recently split off from the original whole piece. The adjacent piece contained a home but a propane tank servicing it and leased by a local propane co-op was sitting 10 feet inside my property. This is not an adverse possession or prescriptive easement case as the original owner of the whole piece gave permission for the homeowners to leave it there (2years elapsed) until I later bought my piece. This owner then sent them 2 letters telling them to move within 30 days it or risk losing it.They ignored the letters. I then called the co-op that leased them the tank and asked them to move it but instead they accepted a check for the tank and then maintained 'they were no longer involved' as it didn't belong to them. I then told them to stop refilling it but they said they were a service provider and couldn't refuse service. I went to an attorney and it cost me $450 for a hot shot real estate lawyer to send these neighbors a certified letter giving them 14 days to remove it. No response. 6 months ago, I decided to try to work the system instead of spending $$$ on lawyers and court costs so I began applying pressure to the propane company for their accepting a check for their tank at the time I directed them to move it and leaving it on my property, selling propane from it. I went so far as to write a certified 2 page letter to their board. Got no response, except the advice during a conversation with a lower level employee to write them a letter to not trespass to refill it. And that the tank could be after all disconnected during the summer months as it wasn't a source of heat. I then sent a certified letter to the homeowners that I was giving 3 weeks notice it would be moved and relocated and to arrange for gas elsewhere. They responded with a letter thanking me for my patience while they hired an attorney to research their rights to a prescriptive easement! There was no offer to move it only, 'Do not move our tank' because it belonged to them. Now, no other companies or backhoe owners on this small isolated island will 'get involved' to move it. I turned the gas off and cut the copper tubing. This was 6 weeks after the notice. They called the local sheriff who refused to cite me for 'criminal mischief' as the wanted. I told him that after 4.5 years of trying to get these deadbeats to get the tank off, I considered it legally mine and would do whatever I wanted with it. They had told neighbors all along that they were trying to grab my land but they are just 5.5 years shy of the adverse situation they need to qualify in this 10 year state. I had hoped with the supply cut off they will be original to lease/buy their own tank, then others will be willing to get involved knowing this isn't their tank. But I would like to know, whose tank is it after all these years legally. Lots of people have said it's mine but I can find no case law that addresses this type of situation in WA state.

[reeses420]

I think that the last owners that had the tank on the land know the story of who the tank belongs to. I would somehow get them to talk,if you don't want to go to court you should mediate with them,some kind of civil ligation is what you need, maybe another letter that says if they don't tell you who it belongs to you will proceed to legal remedies over this matter.This is a really complicated matter and you've already been through so much as it is.

[justaskmom]

I know the history. I guess I didn't make it clear. A local propane co-op owned the tank which was sitting on my property. They were leasing it to the neighbors across the fence.After I closed on my property and the neighbors refused to move it I contacted the company and instructed them to remove their tank from my property. Instead, they accepted a check from the neighbors for the tank and then told me since it was no longer their tank they couldn't move it. They did not have permission to just leave what was then their tank on my property.(Note-The propane company offered to move it free of charge onto the leasee's property and they refused-wanting to leave it on mine-with the motive of
Grabbing my land underneath it through adverse possession. I then hired an attorney who wrote these neighbors what was a 3rd letter to remove it. They did own the tank then. But after 4.5 years on my property against my wishes and refusing to move it doesn't it legally belong to me? Real estate contracts and landord contracts give possession of left behind property to the land owner and landlord respectively after 30 days.It only costs $100 a year to lease a propane tank, it wasn't about the cost of acquiring a new tank for themselves, they left it on my property deliberately in an attempt to lay claim to the land underneath it. The reason it went on this long was because the propane company refused to stop refilling it and I didn't understand my legal right to disconnect the source of gas. After I put pressure on them through threat of legal action they will no longer trespass to refill it and I have turned the tank off. I've been told I can sue 3 parties, these obnoxious neighbors for damages, the propane company for illegal trespass and selling propane off my property and the realtor, for whom removal of the tank was a condition of closing. These neighbors lied to the realtor and told him it was off. Regardless, suing people isn't cheap. I don't have 10 grand laying around to burn and there is more than one way to skin a cat. I've had half a dozen people tell me that after 4.5 years of leaving it on my property the ownership of the tank has passed from the neighbor to me but I can't find any case law in WA state to support that claim. There seems an inherent conflict of interest in getting advice from a lawyer. They often want to take to court things that could be solved more directly and easily. The key is to know your rights. Does anyone know the case law on this?

[reeses420]

reeses420 I just got to thinking after researching WA state law regarding your propane tank abandonment situation what are the customers rights from the company when they lease a propane tank?

[justaskmom]

I'm not sure why that's relevant. They bought the tank from the company in '04 AFTER the propane company had agreed to move it off my property and brought a special utility vehible all the way out to my property to do so. When they arrived (I was not present) the propane people reported that the neighbor exited his house (after not returning 3 weeks of calls by the company) and handed them a check for the tank and told them to just leave it where it was. (ON MY PROPERTY). The neighbor had plenty of room to put the tank on his own land and the gas company offered to move it the 30 feet needed free of charge. BUT NO, the neighbor wanted it left on my property. Then the propane company refused to stop refilling the tank, so they were basically selling gas from my property, and trespassing to refill it. When I sent them a letter this early spring threatening legal action they finally conceded and are no longer refilling it. But I still want to know if ownership of the tank is clear after 4.5 yrs and 3 letters, one from a very expensive lawyer. I want to offer it up on Craigslist for free, you haul.

[reeses420]

reeses420, It sounds like the neighbor abandonded the tank leaving it as a gift of abandonded property to you on your land. You need to find out the statues of limitations in WA on abandonded tanks or property left on land.Sometimes after so many years have past what people leave behind on your land is yours then again when you purchase land the last people who owned it have to go by what is in the paperwork contract and sometimes it is put onto the next owner,which a lot of times they are to have it done before they sell the land. So its still hard to say as of right now if they tank is yours and if you are going to have a problem when you remove it from the land.

[twinkiedooter]

I would have filed a small claims case and sued the neighbor to get the tank off my property years ago. Right now you have a very heavy paperweight sitting on your property doing you no good. Apparently the neighbor won this round, but you need to take them to court for the tank's removal if you do not want this on your property.