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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Submerged 90 year old 1000 gallon oil tank which spans 2

Customer Question

Submerged 90 year old 1000 gallon oil tank which spans 2 properties. Which property owner is responsible for removal and soil remediation costs?
JA: What state are you in? It matters because laws vary by location.
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Neighbor is selling there home. We are not. Tank scan revealed the tank which was apparently installed possible 90 years ago. Currently both homes have had gas heat for 40 years. Neither property owner knew that the tank existed..
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. I would expect that there is a pipeline, maybe more than one line, which runs from the tank toward one or both of the properties. That should help determine which property owner installed and owned the tank. Are there any pipes running from the tank?

2. Has your property been part of a legal subdivision of lots in the past 90 years? I'm trying to learn whether perhaps the neighbor originally owned the entire both lots and then subdivided the property in order to split your lot put at some point in the past.


Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $9 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.


Expert:  LawTalk replied 1 year ago.


I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.