Is the propane tank on my property considered abandoned?

Full question:

I just purchased a home that was foreclosed on. The home was last occupied in July of 2008. There was a propane tank on the property when purchased the house. I am being told by the company that leased the tank to the previous owner that they are owner of the tank. The previous owner notified them that he was terminating his contract in 2008. My position is that the tank was abandoned by the company who left it in place 3 years ago and that it is now mine. Am I correct about this, my understanding is that property left more than 90 days is considered abandoned?

• Category: Abandoned Property
• Date: 04/07/2025
• State: California

Answer:

If the propane tank was leased and the lease was terminated, the leasing company may still claim ownership. However, if you informed them of your ownership of the property and requested the tank's removal without a response, you might have a claim to it. The determination of abandonment could ultimately be decided by a court.

Documentation of your communication with the tank company will support your claim. In California, for example, abandoned property laws require that if the owner is unknown or has not claimed the property, the finder must report it to the local police or sheriff if the property is valued over one hundred dollars ($100) (Cal. Civ. Code § 2080.1).

Local ordinances also govern abandoned property, so contacting your local police department about the applicable procedures is advisable. Generally, these laws require notice to the last known address of the owner, allowing a specific time frame for the property to be reclaimed before it is considered abandoned.

When someone holds property for another, a bailment may be created. In a gratuitous bailment, where no payment is involved, the bailee must still take reasonable care of the property. The standard of care varies based on the type of bailment. If a court finds that the tank was abandoned, you may be free to use it as you wish.