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

Answers:

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.


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