Legal Question in Real Estate Law in Ohio

Gas Company will not remove propane tank

I bought a house and changed propane companies from the previous owners. The old 500 gallon propane tank is still setting in my yard and has not been removed by the company that owns it. I have contacted this compnay 5 time in two months to remove it and they advise me it may be weeks before they can get it. What are my legal options to get this tank off my property now and not several weeks from now? This company refuses to come and get this tank now.


Asked on 10/21/04, 2:24 pm

2 Answers from Attorneys

William Chris Roderick Linton Belfance LLP

Re: Gas Company will not remove propane tank

It is hard to answer that at this time. I would suggest that you first start by reviewing the service agreement with them regarding the rights and liabilities of the parties. If you find no restrictions, I would suggest filing an action in small claims court seeking damages for their failure to remove. I would guess no one wants to remove it due to environmental and other concerns.

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Answered on 10/21/04, 3:00 pm
Harold Hom Harold L. Hom Co., LPA

Re: Gas Company will not remove propane tank

I do not have an easy answer to this question unless you are prepared to spend thousands of dollars for attorney fees and disposal fees. It may be best if you wait a few weeks. You could send them a certified mail notice telling the company to remove the tank or else you will deem it to be abandoned property by a certain date. However, you would still need to spend money to remove and dispose of the tank. You could sue the company and obtain a court order forcing them to move it, but you will spend a few thousand dollars in attorney fees and will not be able to recover it from the company.

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Answered on 10/21/04, 3:30 pm


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