How long can a propane company leave their tank on my property before it is legally abandoned?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long can a propane company leave their tank on my property before it is legally abandoned?
A propane company left their tank on my property for 17 months. Can I charge them rent for that time. is there a penalty for failing to retrieve it?
Asked on July 3, 2012 under Business Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country, there is no set time period to determine whether the owner of a given article has abandoned it or not. In essence each matter depends upon its own facts if there was an abandonment by the owner or not.
In your matter, I would write the propane company a letter stating that more than 17 months have passed since its tank has been on your property and you want it removed in 30 days. Keep a copy of the letter for future use and reference. if not removed in the demanded time period, you can do what you wish with it.
You can try and charge the propane company rent for the item. However, getting paid is an entirely different matter. I know of no penalty for the company who owns the tank if it fails to retrieve it other than you may end up disposing of it for the owner due to it being abandoned.
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.