Cape Cod man learns weeks after buying new home he doesn’t own part of it

Bob Angelini is about to be out in the cold, literally.

He's nearly out of propane -- the fuel used to heat and cook at his newly built Cape Cod house -- but says he can't get anyone to refill the propane tank. That's due to a heated dispute about who owns it.

And his story raises important questions for homebuyers everywhere.

"We've been running the house at 60 [degrees] during the day and 55 at night trying to hold on to the propane," Angelini said. I've got "somewhere between a week and 10 days at most."

Angelini closed on his home last July. At the time, he says there was no discussion or any disclosures about the propane tank. But several weeks later, he got a letter out of the blue from Dunlap's Propane in Plymouth. The letter is dated Aug. 25 -- six weeks after he closed on the property -- and says the tank belongs to Dunlap's. It also says Angelini must only purchase propane from them, and if the tank ever has to be dug up, he has to pay for it.

"I called [Dunlap's] and said, 'Who are you? I don't have an agreement with you,'" Angelini said. In response, he says Dunlap's told him they had an agreement with the builder about retaining ownership of the propane tank.

That left Angelini a little fired up, but he decided to ignore it at first. He was able to get the propane tank refilled by a different company. But then he says Dunlap's put a lock on the tank that, by the way, is buried in the middle of his front yard. Angelini had the lock removed by a locksmith and put his own on.

"When I went away on vacation, I came back, my bolt had been cut off, and [Dunlap's] put another lock in there while I was gone," Angelini said, adding that Dunlap's hasn't supplied any written documentation of the agreement with the builder. "He refuses to or he doesn't have it."

NewsCenter 5 tried repeatedly to get an interview with anyone from Dunlap's Propane for this story, but they refused to speak on the record or supply documentation on the tank's ownership.

A real estate attorney who’s not involved in this dispute says an arrangement like this should have been disclosed by the builder in the purchase and sale agreement.

"It really is the kind of thing that should come up fairly early in the process when the buyer is looking at the property," said Kelly Bonnevie, a partner specializing in real estate law at Wilson, Marino & Bonnevie in Newton.

Instead, Angelini's purchase and sale document is silent on the propane tank. It also includes multiple clauses which seem to say the tank now belongs to Angelini.

"Included in the sale as a part of the Premises are the buildings, structures, and improvements," says one clause. Another reads: "No building, structure or improvement of any kind belonging to any other person or entity shall encroach upon or under said premises."

"I do think that general language might be enough for a buyer to say, 'Hey, maybe I didn't ask you the specific question about the propane tanks, but I also have a clause in my contract that says that the components of the house come with this house,'" Bonnevie said. "And that may be enough."

Massachusetts is a caveat emptor -- or "buyer beware" -- state, which means the burden is on a homebuyer to do their homework on a property. That's why Bonnevie always has buyers ask specifically about fuel tanks on a property and solar panels, which can also come with a long-term lease. She recommends any buyer include a clause in their agreement saying they're not bound by any contracts after the sale.

"By asking to have that put into a contract, it might spur a discussion about, 'Oh just, by the way, these tanks actually are leased,’" she said.

For now, it looks like this matter will be decided by the courts. Dunlap's Propane offered to sell the tank to Angelini for about $4,000, but Angelini believes he already paid for it when he bought the house. So, he's taking Dunlap's to Small Claims Court. His hearing date, however, isn't until July.