If I were the current propane company, I would not go after back rent simply because nobody ever billed *me* for rent and the original company certainly knew the address (if not my name).
So, the original company "could" have billed me for the rent all along - and they certainly did not.
The original company could have physically taken the tank (but they'd have to trespass to do so) at any time, as it's not bolted down.
The key problem now is that, if the tank truly is owned by the propane company, then I can't legally switch suppliers at any future point in time, simply because I can't sign the affidavit that says I own the tank.
So, it still matters who owns the tank. It just doesn't matter until/unless I want to switch suppliers or the propane company wants to charge me future rent.
I guess it also matters if I sell the house; but I have no plans for doing that.
I don't disagree with that, but, while *anything* can happen, the real likelihood of propane tanks suddenly exploding for no apparent reason is not one danger that I'm currently worried about.
These things are built like brick outhouses. They are simple cylinders. Steel. Painted. Solid. No moving parts (well, I don't know what's in the regulator). It meets building codes of the time it was built.
I do agree bad things "can" happen; but the chance of the thing suddenly and inexplicably exploding is about as likely as me winning the lottery - in which case, I'll have enough money to pay for the increased liability.
Well. They certainly visited the property at the time that I bought the house. And, they'd have to be blind not to see the huge thing. Plus EVERYONE out here has a propane tank, so, they'd also have to be fools to know know about it. So, AFAIK, they know all about it.
I don't disagree with you as I "may" own it even if the gas company thinks they own it. They probably know the law much better than I do, which may be a reason why they've never come to get it.
The ownership only matters if I want to switch suppliers (in which case I have to fill out another affidavit saying I own it) or if the current company asks me for rent.
At that immediate point, it matters greatly who owns that tank!
Note: When I get home, I can see who the company is that made it and I can call them to see if they know who BOUGHT the tank originally; then I can work down the chain of ownership.
It's not like the company A didn't know where to find the tank.
And, since it's needed for heating & cooking & hot water, company A must have known *someone* was filling it up over all these years.
I'm *assuming* that there is no legal way for them to come and get it (without my permission); but even then, they could have simply sent me a letter *asking* for permission to come and take their tank. Right?
They never did that. I've had no contact with them whatsoever.
When I was a kid back on the mountaintop farm, we had a 500gal propane tank. I remember thinking how cool (no pun) it was when the propane delivery truck driver purged the fill hose producing a big white cloud. Of course now I know it would have made quite a big boom if there had been any ignition source around it. How did I ever survive childhood? o_O
That's an important point that hasn't been made clear until now. You told us that a tech from your gas company, while connecting a new grill or something told you that it was Company X's tank. You didn't tell us he matched the serial number and address to a DATABASE. And since he works for the company that bought Company X, and looked it up in their database, then it's very likely that he's correct. The way you originally stated it, there was no indication what his opinion was based on.
Since the tech was just there yesterday and the company was bought some time ago, that's apparently what happened.
I doubt they would do that either. A possible defense is the abandoned property defense. You could check out the laws on that, but I'll bet it gets complicated, especially in the Peoples Republic of CA. They like to protect the rights of urchants and hippies, so I wouldn't be surprised that they have all kind of rules and procedures about what you must do. And if left abandoned, it might become property of the state, not you. Maybe Jerry Brown owns it now.
Yes, I agree it would matter if that time ever comes. But a few hours ago, it appeared you were ready to go shell out $2000 for a new tank now.
Since the tech who told you about the ownership was there yesterday, I'd say if you don't hear from them in a couple months, it's unlikely anything is going to happen.
It's the first 1/2 year which has now rolled past the limit. But again, since their contract was with the previous owner, I don't see them having a legitimate claim for anything against you. If they come after you and claim the tank is theirs and if you figure out you don't have a strong abandoned property defense, then offer them $200 or $300, negotiate to buy the tank, if you want to own it.
The first step before any of that would have been to notify you that they wanted their tank back.
1000gal tanks aren't unusual at all. We have a 250gal tank in our other house, just for the fireplace and stove. That certainly wouldn't be enough if we were heating with propane. Note that propane only has 60% of the heat of oil, so it has to be twice the size of an oil tank to make any sense at all. 100gal tank is OK for a stove, but that's about it.
You can changesuppliers if and when the time comes by signing with a different company and telling the current company to come and pick up their tank. Decide THEN if you want to buy or rent, depending on what the conditions are AT THAT TIME, if and when the time comes.
If you sell the house you just say "ownership of propane tank is not clear", and you are OK.
Just use glass clips screwed into the dry-wall - with or without anchors, and it becomes "real property. Even if it is fastened to the wall with double sided tape.
...but owning those is almost always a better deal, too. The leaser isn't losing money. I rented the conversion burner because 1) I didn't know how much life the boiler had left and 2) I owned it within a few years anyway (the "interest" was about zero).
Here we go; the old "they cancel your insurance after a claim" BS.
No, if that's what happened, he does NOT own the thing. However, if no one is giving him a hard time, he's already said *way* too much. STFU and play dumb.
Well, I generally get a fill every couple of months of about 300 or 400 gallons but they fill it only to something like 75% and they don't let it get empty (it's on a schedule that they calculate).
Do you think they're going to demand it back *today*?
Who they sold it to is pretty much irrelevant. They have to show that they still own it. THEN figure out how you want to deal with it. You're just borrowing trouble.
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.