On Thu, 26 Sep 2013 17:25:52 -0700, wrote:

How could he know for sure, unless he works for company #2?

I think they go by serial number but I'm not sure.

It's possible company #2's name is on it, but maybe the previous owner
bought and paid for it.

Actually, there is no name on the tank other than the manufacturer
on the nameplate and a serial number and the poundage figures, and things
like that.

Did the sales contract say anything, one way or the other?

Nothing about the tank. It said the property was "as is".

If I was selling a house with a propane tank, I'd be sure to
spell out if it's included or not, and if not, who actually owns it.

I understand. When I first entered into the agreement with company 1
for the propane delivery, they asked for a bill of sale. I didn't have
one so they accepted an affidavit that I wrote saying I owned it.

I never thought anything of it at the time, but that's all I really
have that "specifically" mentions the tank ownership.

I'm not a lawyer either, but I'm pretty sure you can't sell what you don't
own. Meaning if the tank was in fact the property of a company and the
previous owner did not own it, then by selling the house they can't
transfer ownership to you just because they sold the house.

OK. This makes sense.
But, did company 2 "abandon" the tank?
Sort of like a ship at sea is abandoned and then anyone can have it?


Isn't there any identification on it?

Yes. There is a nameplate with a serial number, a date of manufacturer,
a company of manufacturer, the weight, and a bunch of other poundage figures.

I would think they would come out and inspect it before delivering gas to
make sure it's safe.

They did that years ago. I don't think the issue is safety.
The tank is in great shape. It will outlast the United States, let alone
the house, and me.

You would think during that process the issue of it
being company #2's tank would have come up, but I guess not.

I don't see how, from just the serial number, company 1 would know
anything about company 2. All they knew (and all I knew) at the time
was that it certainly wasn't company 1's tank.

So they've been filling it for years.

Not if they have a signed contract with the previous owner that lays out
the terms of the lease and protects the company's rights like they
normally would.

Well, if they do have a signed lease, that would be interesting.
I don't know that this exists. I never once spoke to the previous owner.
I never even met them. They essentially walked away from the property.

Why are you even worried about it?
Because I want to line up my ducks.
Just in case they come to me, I don't want to say something stupid.
I just want to know where I stand, legally.
I do realize this is a home-repair group - but - I was hoping someone
would have experience with this, first hand - and then could provide
advice.

I do appreciate the help as I know you don't have to advise me.