Propane tank installed on neighbor's property

[scottballet]

What is the name of your state?Massachusetts

We are an association of 3 units. One unit (a separate cottage) has installed a propane tank on our neighbor's property without permission. Is our condo association at legal or insurance risk?

 

[adjusterjack]

I'm afraid that there is a distinct possibility that the association is at risk. Nothing stops the neighbor from naming the association in a lawsuit. I suggest that the remaining two of you consult an attorney and see what you can do to get in front of this.

 

[xylene]

Have you asked this cottage owner, in writing, to call the propane company and have the tank moved to within the boundaries of his property?

If yes, what happened?

If no, well get cracking!

 

[scottballet]

I'm afraid that there is a distinct possibility that the association is at risk. Nothing stops the neighbor from naming the association in a lawsuit. I suggest that the remaining two of you consult an attorney and see what you can do to get in front of this.

Thank you for the advise. I am thinking that I should bring this to the attention of the town. Perhaps the town will do something given that the permit for the tank specify's our association address, not our neighbor's. Any thoughts?

 

[scottballet]

Have you asked this cottage owner, in writing, to call the propane company and have the tank moved to within the boundaries of his property?

If yes, what happened?

If no, well get cracking!

Thank you for the advise and yes we need to get cracking! We have spoken with the owners of the cottage numerous times and have sent emails asking them to address the issue. They have largely ignored us. I hate to involve the neighbor as he is suffering from cancer. I am thinking that if I bring it to the attention of the town perhaps they will deal with it. The permit sites our condo association address as the location of the tank. Thoughts?

 

[xylene]

We have spoken with the owners of the cottage numerous times and have sent emails asking them to address the issue.

So, the answer is about contact them IN WRITING is actually NO.

You need to send them a letter, by certified mail return receipt, demanding they relocate the tank.

It is the ideal first step and people know to take it seriously. It is a formal written legal demand.
That way if they ignore it, you can PROVE they ignored it. If it comes back unopened, keep it safe somewhere and don't open it.

Stop all telephone and email communication. If you have their home or alternate address, send letters there too.
Send one to any address you have on them. It is money well spent.

 

[adjusterjack]

Thank you for the advise. I am thinking that I should bring this to the attention of the town. Perhaps the town will do something given that the permit for the tank specify's our association address, not our neighbor's. Any thoughts?

Good idea to notify the town. If the tank needed a permit it also needed an inspection. Did the permit department inspect? Did it miss that it was on the wrong property.

I hate to involve the neighbor as he is suffering from cancer.

Involve the neighbor. Even people with cancer need to stand up for themselves.

 

[scottballet]

Good idea to notify the town. If the tank needed a permit it also needed an inspection. Did the permit department inspect? Did it miss that it was on the wrong property.



Involve the neighbor. Even people with cancer need to stand up for themselves.

Yes, the town apparently did miss this fact. I am not sure if there was a post installation inspection. The permit the cottage pulled states the address for the tank as their address. Not the address the tank is actually on.

 

[PayrollHRGuy]

Whosever property it is sitting on needs to contact the propane company and tell them to get their tank off of their property.

 

[adjusterjack]

Whosever property it is sitting on needs to contact the propane company and tell them to get their tank off of their property.

Brings up a thought. Might be the propane company's mistake, not the cottage owner's.

 

[xylene]

How do you know it is the property of the propane company? Lots of people own their tanks to avoid being ripped off and trapped with one filler.

 

[PayrollHRGuy]

How do you know it is the property of the propane company? Lots of people own their tanks to avoid being ripped off and trapped with one filler.

That isn't the case around here.

 

[not2cleverRed]

How do you know it is the property of the propane company? Lots of people own their tanks to avoid being ripped off and trapped with one filler.

Not the case where I am.

 

[FarmerJ]

Customer owned tanks at least where I live are not marked or labeled with a propane suppliers name where as rented tanks are then of course there are some propane suppliers who would insist on proof of ownership of the tank LOL even if they are the more expensive supplier. BUT most people just live with renting a tank from the supplier so they also get the repairs as needed with the rental. AS to placement unless there was some thing obvious like a fence or a sign like no trespassing to draw attention to a so called boundary issue then its just one of them things but the propane company should have no problem pumping the tank out and moving it then refilling it. AS to the tanks location Scott has the neighbor complained to you ?

 

[not2cleverRed]

Customer owned tanks at least where I live are not marked or labeled with a propane suppliers name where as rented tanks are then of course there are some propane suppliers who would insist on proof of ownership of the tank LOL even if they are the more expensive supplier. BUT most people just live with renting a tank from the supplier so they also get the repairs as needed with the rental. AS to placement unless there was some thing obvious like a fence or a sign like no trespassing to draw attention to a so called boundary issue then its just one of them things but the propane company should have no problem pumping the tank out and moving it then refilling it. AS to the tanks location Scott has the neighbor complained to you ?

Scott is in Massachusetts. I can assure you, Massachusetts loves to regulates everything.