Legal Question in Real Estate Law in Maryland

Leased equipment left by seller

The seller left a propane tank on the property after settlement. The tank was filled, however he never informed me that the tank was leased. The gas company never attempted to contact me regarding the lease, so I did not know until last week that the tank was leased. Had this company contacted me, I would have renewed the lease, but they just came on my property without any permission and took the regulator off the tank so I could not use the rest of the gas. So my question is, 1. Is the gas company allowed to come on my property without my permission? 2. Is the tank abandoned and therefore mine? 3. Does the gas company have to allow me to use the rest of the gas in the tank before removing it?


Asked on 11/23/01, 10:48 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Leased equipment left by seller

The gas conpany generally has no right to enter your property without permission, unless the lease agreement gave it to them, which might well be the case. Also, the gas company doesn't lose any rights just because you acquired the property. The seller is really at fault here for not informing you about the lease, although a well drafted sales contract would have protected you. I would think if you contacted the gas company they would be happy to enter into a new lease with you and restore the regulator, as opposed to having the tank removed.

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Answered on 11/27/01, 4:14 pm


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