If we moved into our house almost 18 months ago and were urged to sign a long term contract for propane delivery but didn’t, what can we do to force the company to remove the tank?

We knew that our house would be converted to natural gas within months and that we had enough available propane in the tank for many months, so we refused to sign the contract. Now that we have been converted to gas, the company refuses to remove the tank that is preventing us from building our deck.

Asked on September 21, 2015 under Business Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Why would they have to remove the tank? The fact that you convereted was your choice, not theirs only if you had a contract requiring them to remove the tank on the expiration of the contract would they have to do so. Otherwise, the fact that the tank is no longer necessary does not require them to remove it. If the tank is owned by them, you can send them a letter, sent some way or ways you can prove delivery, stating that if they do not remove, or at least arrange to remove, the tank within 30 days, you will consider it abandoned and have someone else remove it for you--that may get them to elect to remove it. If not, you should be able to then dispose of it. If you own the tank, you'll simply have to pay to remove it yourself.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.