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-   -   Abandonment: Propane tank (https://www.askmehelpdesk.com/showthread.php?t=271494)

  • Oct 20, 2008, 10:54 AM
    flgator13
    Abandonment: Propane tank
    I purchase a home four months ago that had a propane tank on the property. The propane tank was leased and serviced by "A" company. I called "A" company to let them know that I would be switching to "B" company. "B" company came out and installed their tank and filled it with gas. They set "A" company's tank to the side (which is their legal right). "A" company said they would be out to retrieve the tank.
    Four months have passed and "A" company has not retrieved the tank. At what point in time does abandonment come into play? I would like to know if I can claim this property due to the 350 gallons of propane that is still in the tank.
    Any advise will be greatly appreciated.

    Thanks in advance!
  • Oct 20, 2008, 11:13 AM
    smearcase

    I think you need to review the contract that the previous owner probably signed with Company A. You may be subject to the same terms that prev owner agreed to. I am not an attorney but you may have to consult with one before taking any further action.
  • Oct 20, 2008, 11:53 AM
    flgator13
    I believe I will consult an attorney before I do anything else. I can't imagine that contract being in force with the property transferring ownership. It seems like a sticky situation.
  • Oct 20, 2008, 12:04 PM
    smearcase

    I have the same situation but so far the previous owner's propane company is still the best deal for us. But, that could change.
    I didn't read this kind of long queation that was asked previously but maybe it will give you some additional views on the issue:
    https://www.askmehelpdesk.com/real-e...nk-251881.html
  • Oct 20, 2008, 05:18 PM
    twinkiedooter

    I don't think you can claim the 350 gallons of propane and the tank. If you knew there was 350 gallons in the tank, why did you contract with the other company in the first place as the 350 gallons in the tank would have been yours to use?
  • Oct 20, 2008, 05:23 PM
    smearcase

    Check your settlement documents. You may have paid for the propane in the tank.
  • Oct 20, 2008, 05:32 PM
    ScottGem

    Smearcase has a point. Generally, in such a home sale, the buyer actually pays for the remaining oil, gas etc. in storage tanks.

    As far as Co A picking up the tank, Send them a letter stating that they had promised to retrieve the tank 3 months ago. If the tank isn't removed within x days you will start charging them storage fees for the space they are taking up.
  • Oct 20, 2008, 05:51 PM
    Fr_Chuck

    Did you not buy the propane at closing, normally that is part of the utility plus or minus on closing papers.

    But you will need to notify them in writing that they have X amount of days to move the tank or you will have it disposed of or start charging them rental space for the land it is on.

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