How long can a propane company leave their tank on my property before it is legally abandoned?

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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 8 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.


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