Operative Text
(a) If a propane gas container with a total capacity of 25 gallons or more is placed on land, whether aboveground or underground, by a person other than the owner of the land under a lease or bailment between the landowner and the person placing the container on the land, the container is movable property during the term of the lease or bailment. (b) During the term of the lease or bailment, the ownership of the container: (1) Is not affected by the public or private sale of the land on which it is placed; and (2) Is not subordinate to the rights of any purchaser of the land at the sale.
Under Md. Code Ann., Real Prop. § 8-117, a propane gas container holding 25 gallons or more that is placed on someone else's land under a lease or bailment agreement retains its status as movable personal property rather than becoming a permanent fixture of the land. This means that if the land is sold—whether publicly or privately—the container does not automatically transfer to the new landowner. The person or company that owns the container keeps their ownership rights, and those rights are not overridden by any buyer who purchases the land during the lease or bailment period.
Plain English — not legal advice.
Property owners and managers should be aware that under Md. Code Ann., Real Prop. § 8-117, a propane container of 25 gallons or more placed on their land by a third party under a lease or bailment remains the personal property of that third party throughout the agreement's term. When selling or transferring a property, compliant operators typically disclose the existence of any such container agreements to prospective buyers and ensure that sale documents accurately reflect that the container is not part of the real property being conveyed. Reviewing any existing propane lease or bailment agreements before listing a property is a common practice to avoid disputes over ownership at closing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who rely on propane service should know that Md. Code Ann., Real Prop. § 8-117 protects the ownership rights of whoever placed a qualifying propane container on the property under a lease or bailment—meaning a change in property ownership generally does not disrupt that arrangement or transfer the container to a new landlord. If a landlord sale or transfer creates confusion about propane service or container access, tenants may find it useful to review any written lease or bailment terms that govern the container. Consulting a tenant-rights organization or legal aid service can help clarify how this provision may apply to a particular rental situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.