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propane tank ownership?
we have a question about the ownership of the underground propane tank on our property: when we purchased the house, the previous owner told us he owned the tank, but he didn't have any documentation showing that. Since we decided to continue using his propane company, we didn't care much. However, recently we decided to change to another company, and we encountered the ownership question. So we called the current company and asked them whether they have any documentation showing that they are the owner of the tank, and they couldn't provide any proof. So our logic goes, since the propane company can't prove they own the tank and the tank lies in our property, we should be the owner. Is this a legitimate claim? thank you for your answer
8 Answers
- Propane GuyLv 71 decade agoFavorite Answer
I sell propane for a living. We NEVER rent or lend underground propane tanks to customers. They are ALL sold to the customer. This is because if there is ever a change of supplier or we want to end the relationship with the customer for non-payment or any other reason, it is not a simple thing to retrieve our tank!
If the current supplier is not disputing the issue I would say you own the tank! The new supplier just needs to do an inspection, which probably includes testing and documenting the corrosion protection of the tank and then they can start delivering!
Source(s): 20 years experience in the propane business. - 1 decade ago
If they try to sue you for it or put a lien on your property they have to prove that they own it. A good idea is to call your city or county and find out what permits would have to be filed in order to install the tank, if any, then you can find out if/when the permits were filed and who installed the tank. Or you could ask your current company for a letter stating that they do not have any claims to your tank. I personally haven't ever heard of an underground propane tank, but if you do have one I would suggest that you have a stress test done on it to make sure it is still structurally sound.
- 1 decade ago
If the previous owner really owned the propane tank, that would have been included in the disclosure paperwork when he sold you the property. Otherwise, anything permanently affixed to the house (and this includes lighting fixtures, plumbing fixtures, doors, etc.) is considered to convey with the house. Even if the appliances didn't convey, they would have had to list these on the disclosure documentation.
If you can dig up your sales paperwork and find the disclosure statement, and the propane tank isn't included with what did not convey with the property, the tank is yours free and clear.
- Anonymous1 decade ago
Most older tanks were owned by the homeowners. Only in the past few decades were they rented or provided by the propane company in my experience. We had an above ground and an inground, both were ours. If the tank is buried, it is yours since is part of the property.
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- BryanLv 71 decade ago
Most above ground tanks belong to the companies not the homeowners. Not sure about below ground ones though. I would look at the tank and see if there is a company name on it. If there is, it probably belongs to the company. If it doesnt and the company has no proof of ownership, I would say it probably is your tank.
Source(s): Country boy. - 1 decade ago
Without a doubt! If the company can't provide documentation of ownership then the seller was truthful. The tank is yours!
- Anonymous1 decade ago
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