When is property considered abandoned?

UPDATED: Oct 1, 2022

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When is property considered abandoned?

I can not get the propane company to remove their tank, my contract
has expired and they have not met their appointment to remove. What
can I do?

Asked on November 26, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The best way to proceed is generally to send them a written notice, sent some way or ways (e.g. certified mail; as an email attachment or fax) that you can prove delivery, detailing when the contract expired, that they have no right to keep the tank on your land, how long the tank has been there post-expiration, that you want it gone, and telling them that you will dispose of it unless they  retrieve it in 30 days from date of the letter.  Send them a follow-up after 15 days, giving them 15 days to remove it. After that, dispose of it.

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.

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