Legal Question in Real Estate Law in Maryland
Who Pays to remove Leased equipment left by seller
From: 11/27/01 The seller left a propane tank on the property after settlement.
In my case we have not gone to settlement, and the gas company owns the tank. What rights do I have, and what can I do if this is not a company I wish to use?
1 Answer from Attorneys
Re: Who Pays to remove Leased equipment left by seller
Your contract of sale and the deed to the property address this matter. The leasor of the equipment must have a contract in force that is recorded, that is that it runs with and binds the land. On your assumption of the property, the mere fact that the equipment rests on the property does not bind you to any contract unless you assumed the contract on conveyance of the real estate. As a lawful owner of the propery, and assuming you are not otherwise bound to the contract with the owner of the gas tank, you have every right to tell them to remove their property from your real estate. Property matters can be complicated, if you need a lawyer I am available.
G. Joseph Holthaus III
(410) 799-9002
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