Legal Question in Real Estate Law in Virginia
My wife and I bought a house under foreclosure. The propane company came by the other day to fill the tank without me contacting them. I advised the driver that I was looking around to see about which company I was planning on using. He contacted his company and they advised that they leased the underground tank to the previous owner and that they had the right to lock it out and dig it up. The Questions are 1. Without paperwork of ownership to the tank can they disturb my land to retieve the tank that is underground. 2. Without and easment on file with the court, what right do they have to even come onto my property being that it was a contract with the other owns and not me- should be void since i am the new owner. No leans on property or easments
1 Answer from Attorneys
Without reviewing the contract with the previous owner it would be difficult to say.
It may be that the propane company was required under this contract to
exercise its unqualified right to recover the tank before the property changed ownership. If such were the case, and you refuse to allow the company access to recover its property, the company then would likely have to petition the appropriate local court for an order to do so (my opinion).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
