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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37097
Experience:  16 years real estate, Realtor. Landlord 26 years
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I purchased my home in March 2012. There is a propane tank

Customer Question

I purchased my home in March 2012. There is a propane tank buriewd in the back yard and I was told it conveyed with the purchase. 13 months later a propane company showed up and claimed ownership. I told them it conveyed and they should contact the seller, seller's agent or the person who had a contract with them. Contact continued telephonically and in person with threats to remove the tank and now invoices to purchase the tank, which I believe I already purchased. This has been ongoing now for over 2 years and I feel they are harrassing and trying to intimidate me. Does this business have a valid claim or can I ask them to stop intimidating and harrassing me?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..If the previous owner sold the home and included the tank improperly because they didn't actually own it, which could be the case, then the propane company could then sue the former customer under an "injury to personal property" claim or breach of contract claim for including the tank as part of the sale as long as they did so within the applicable statute of limitations in DE..However, the SOL is only 2 years in DE for them to pursue an action to recover the tank under injury to personal property and 3 years under a breach of contract or "replevin" claim (the return of personal property held by another). So that has long since passed and they would now be unable to pursue any legal action..With that said, you could have a local attorney send them a "cease and desist" letter threatening to sue them for harassment if they contacted you again about the matter. Often a letter from an attorney will "encourage" them to stop all actions rather than face the prospect of being sued...thanksBarrister

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