QUESTION

Do I have a legal right to charge a propane company for their tank that they will not pick up? It's been on my property since 2019.

Asked on Apr 06th, 2023 on Real Estate - Michigan
More details to this question:
In 2019 we went with a different propane company and asked the previous propane company to remove their tank from our property. Each time they said they will send someone out and would call before they came to make sure we were home. No one would call or show up. My husband would talk to them most often to remove it and the same answer was always given. Then they started sending us notices as to what we owe. We owe nothing my husband would tell them, you were asked to come get it. Then my husband passed away February 24, 2021, and still they did not pick it up. Now they sent this to a collection agency to collect. I am writing to the collection agency and letting them know the paid a debt my husband did not owe. So can I charge a storage fee for this tank?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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Unless the original contract provides for a storage or rental fee for the use of your land, you have no right. What you do have a right to do is to send them a registered letter to come pick up their tank in 30 days and, if they do not call to schedule a pickup or fail to pickup if they set a pickup date, then you can haul it away for scrap. 
Answered on Apr 11th, 2023 at 9:05 AM

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