I have not heard of this tank being owned by anyone but the previous land owner. No lease has been signed for it in years, if ever. Is this my tank by adverse possession?
2006-08-22 07:27:32 · 8 answers · asked by ODrisk 2 in Politics & Government ➔ Law & Ethics
The tank is personal property, as opposed to real property, therefore, it is not subject to a claim of adverse possession, no matter how long you have been using it.
With respect to personal property, possession is 9/10ths of the law. It is up to the gas company to prove that the tank belongs to them.
My recommendation is to talk to the gas company representatives and ask why they think it belongs to the company and what do they have to prove it. I would guess the value of the tank isn't enough to put up too much of a fight over, but if you have any questions about the representations made by the gas company, or any of the documents that they produce, you should seek the advise of a lawyer in your area.
2006-08-22 07:59:22 · answer #1 · answered by www.lvtrafficticketguy.com 5 · 3⤊ 0⤋
The tank has a number stamped into it and usually a disclaimer that the tank is the property of the gas company that installed it. There was a contract signed by the original land owner that stated that it was to remain the property of the gas company. However there are several factors that can change these circumstances. If there is any record of that tank being included in the property that you purchased, or if the lease lapsed and the tank has been filled by another company for some time then you may have a case in small claims court. How much is an old tank worth anyway? Those things have to be re-certified every so often in order to be filled safely.
2006-08-22 14:49:18 · answer #2 · answered by yes_its_me 7 · 1⤊ 0⤋
Usually, leases aren't signed for LP tanks. The gas company typically just loans it to you as long as you are buying gas from them. The price of your LP factors in a small "tank rental fee." For that reason, some people purchase their own tank so that they can buy gas cheaper.
Adverse possession takes anywhere from 10-20 years, depending upon what state you live in. I'll bet you either switched gas companies or quit buying gas, eh? The good news is that if you go to a different company, they too will likely loan you a tank.
2006-08-22 14:41:52 · answer #3 · answered by Indy Lawyer 2 · 2⤊ 0⤋
If this is one of those "large" tanks that sit in peoples yards, they are not normally owned.
But if you bought it from the previoius owner as part of the property and it was listed as such, you may have a claim and the tank company would need to go after the seller for payment of the tank.
but as these get older, they have to have maintance and have safety issues. So if you now "own" an older tank you could be liable for expensive repairs to your tank to make it within alot of the newer codes.
2006-08-22 17:51:36 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I think they believe the product inside the tank (in this case propane) belongs to you. But you're just leasing the tank to carry the fuel. They do say possession is nine-tenths of the law, however. Think of it like this, the keg beer comes in always gets returned to the package store when it's empty. You never get the same keg back but the product inside is yours to consume at your leisure until you need a full one (which will be shortly after I arrive if I get my way *L*). Peace~
2006-08-22 14:50:40 · answer #5 · answered by Dookiee 3 · 1⤊ 0⤋
Well. I guess you can have the tank and the gas company can take their gas and you can have a nice big tank and they get their gas and everyone is happy.
Seriously you would need to ask gas company proof that it belongs to them or go check tank for IDs marking it as property of X gas co
2006-08-22 14:55:50 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Most propane tanks are owned by the gas companies. They should have the original documents so you can verify that they do indeed own the tank.
2006-08-22 15:03:42 · answer #7 · answered by skyeblue 5 · 1⤊ 0⤋
as it is on your property, i suppose the burden of proof would lie with the gas company... if they have the signed lease, it's theirs... of course, they probably wont want to fill 'your' tank anymore if theres a dispute.... what good is an empty propane tank?
2006-08-22 14:40:03 · answer #8 · answered by Dan H 2 · 1⤊ 0⤋