OT/ PROPANE LEGAL PROBLEMS-KINDA LONG

BUT, this reminded me of a story from one of the local papers a few years ago.

Guy they were interviewing worked for one of the larger local dairy companies (Hood?, Garelick?) as a distribution manager.

I think he felt towards milk like Hank (King of the Hill) feels about propane.

Anyway, he'd hit big flea markets and such periodically on the weekends...emptying out and taking back all the milk crates with the "Property of Such-and-Such" on the side. If people complained after he point that out and his company ID...he'd tell him he'd be perfectly happy for them to call the police to discuss the matter. His company made a big point to always destroy old crates so there wouldn't be any legitimate old ones floating around.

If he uses the propane for cooking what is he to do at supper time? If it"s used for heat it"s a good thing it isn"t winter. Without the regulator can"t even hook up a 20# grill tank.

At the least this is poor customer service as the owner now will never be a customer of this company. They may not have known the place changed owners and if so they would have lost an old customer.

What was the so called contract for? The regulator and how many tanks? They need to provide this info.

About the most you can do is to file tresspass charges. Given that they feel they were recovering stolen property, this might just backfire on you.

If, indeed, there are no markings on your "garage sale" tanks, I don't think a reputable dealer would fill then.

It's been several years since I switched from propane to natural gas, but it used to be that the gas company would let you use their tank rent-free as long as you bought a minimum of 500 gallons per year.

I suggest you chalk it up to experience. If you had any propane in those tanks, you might get them to reimburse you for it.

Even if ferrel gas bought out a mom and pop operation that owned tanks leased out to people, they will have the records for all the tanks they own. And they DO own them. If they do own them they are legally responsible for anything that may happen which is caused by or having involvement with them.

There is NOTHING about time limits about this ownership. A lease of equipment to a property in 1965 will still be valid if neither party ever ended it. You really don't want to cause bad press about them because they can charge the owner of record with demurage for loss of tank rental or whatever value the lease set forth for them to receive for all those years they couldn't find their property. Further whoever has been filling these tanks can be in big trouble for not making you show ownership or valid lease BEFORE they ever filled them.

Tanks of all kinds that have ICC numbers stamped in them have always been owned this way. When companies buy out little operations they don't have to ever have had possession of the tanks, only the records of the tanks. Whoever you bought your place from did not have the authority to transfer a lease of tanks or equipment to anyone else if HE had a lease of them.

If ferrel can show they owned them, they can remove them from a property and secure them back in their possession anytime they want.

Your recourse at this point would be with the realtor or previous owner to show ownership of this equipment. And the guy that had a garage sale isn't going to help because if he is found out HE could be charged with trafficing in stolen property.

They came on your property without consent or permission and removed items that they claim were theirs.----BULLSH____T!!!!

You do not have to prove that anything was yours--especially not the two tanks that you bought.

It does not matter what kind of contract they had with the previous owner---YOU ARE NOT THE PREVIOUS OWNER!!!!

It has been three years since you took posession of the property. If it was not disclosed to you that they do not belong to the property, then the gas company has a dispute with the former owner. They cannot come back three years after the fact. If they can do that in your state, then you can go after the previous owner for failure to disclose such fact.

Regardless of all that, they had no right to enter your property and remove things without your consent. I would be all over them with a lawyer if I were you.

Some of those lease agreements do have a very long arm, & you might lose the tank that came with the house as well as some equipment. This is grey area, none of us know.....

However, the 2 tanks at least are yours, & I would continue to press charges on the theft of those at least, if you can work a publicity deal in the paper fine.

It comes down to a push vs shove match, possession is 9/10s of this & they stole them so they have possession.

Rotten deal.

--->Paul

When you bought the house did you think that the tank was owned or rented by the home owner? If you have not been paying rent on the tank for 3 years it is a little late for them to come along and say the tank was a rental.

Did you buy your gas from Ferrell?

Just because they had a contract with the other owner does not mean they have one with you.

First I would ask them to show me where you had paid for this service (contract) in the past 3 years. If you have not paid for this contract in 3 years how can there be a contract. Then I would tell them I will not press charges if 1) you return and hook up my tanks (a little free gas for your trouble would be nice)
OR
2) can prove to me that the tanks belonged to Ferrall.

The fact three years has passed hardly means they have abandoned their property - you simply got three years of use rent-free. That covers the one tank that came with the house.

If the garage sale tanks have their ID number on it, you've been in possession of stolen property. Most providers of LT consumer lease products have their own set of laws that apply to them and their property. They have been well aware for decades that their equipment has a habit of disappearing and they have laws that allow them to go about seizing it without going through the court system.

I worked for a soft drink company for a couple years - you have no idea how pop machines disappear into private garages and basements every year. If we located one, like a bounty hunter we walked in and TOOK IT without a yes sir or a no madam. All legal and according to the law. Someone raise too much fuss, we'd call the cops and have them arrested for possession of stolen property.

I would also ask the local DA what you could do.

A few notes..... ..... .....
If the gas company thinks the other 2 tanks are stolen they have to prove this in a court first before removing the tanks. The driver should have called the law on the spot. They only had a contract for 1 tank at that location.

If the 1 tank was rented why did they wait 3 years to come and get it. They knew where it was at.

They said they removed the tanks for safety reasons not for rent due. I am sure there story has changed by now.

You will most likely loose the one tank but I sure would press the issue on the other 2 tanks. I would want to know if they can prove these tanks are theirs; how? where they were stolen from; and on what date. The only way they can say these tanks are theirs is if they were stolen from a renters house or their yard and they should have records and police reports of this. If they can not show where they reported them stolen they most likely sold rental tanks to someone. These rental tanks may have been marked but does not prove they are stollen; only that they owned these tanks at one time.