Who Owns the Tank

[dojo625]

My question involves real estate located in the State of: Florida

Our homeowners assoc operates/maintains a well for community use. The tank for the well sits on my property and there is an easement granted to the HOA for that section of the property (granted by a previous land owner). There is a condition in the easement that says if the HOA doesn't use the property for this original purpose, the property & all it's rights revert back automatically to the owner (me).

The well is being shut down by the state for multiple violations and no one disputes (for now) the expiration of the easement and my reclaiming the property. The question now is who owns the tank used with the now defunct well? I say it belongs to me since it's on my property. Ownership of the fixtures is not listed or addressed in the HOA bylaws, the easement, or my deed.

The HOA says the tank belongs to them because they have a receipt for it...they bought it from the developer. The developer hasn't owned the property since 1973 and the HOA was established in 1996. Even if the receipt is valid, does it give them ownership of the tank?

The basic question I also have is if a fixture exists on the property when you buy it and there are no reservations regarding that fixture listed in your deed, easements, or other legal documents, doesn't the fixture belong with the property regardless of who actually paid for that specific fixture?

Thanks for any replies....

[aaron]

Why do you want an underground storage tank on your property? In most cases, you would be well-served to have them remove it, fill the hole, and restore the grass.

[dojo625]

Ooops, didn't leave enough details. It's an above ground tank and it would be quite useful.

[Mr. Knowitall]

You purchased the property subject to the easement.

If I have an easement to build and maintain something on your property, it's still mine. An obvious example is utility poles and power lines - a utility company may well have an easement to install and maintain poles and lines on and over your property, but the poles and lines are theirs.

From the facts you've presented, I'm not seeing you as the owner; but I admit that I lack full information. If the tank has great potential value to you, I suggest running this question past a real estate lawyer.

[dojo625]

Thank you for the reply and the example you provided was very clear.

I have consulted an attorney who advised me the tank was mine, but that was before I was aware the HOA had a receipt for the purchase of the tank. I just wasnt sure if that made a difference.

Thank you for your time!