In the case of Jack Nascimento, v. Preferred Mutual Insurance Company, WL 162660 (2008 C.A.1 Mass.), Nascimento purchased property in Ludlow, Massachusetts . That property was part of a larger lot that contained an underground storage tank (UST) with a fuel line connecting to an oil furnace on Nascimento's property. The UST was adjacent to the foundation of Nascimento's garage. Nascimento was the sole user of the UST, which stored the heating oil used to heat his automotive repair business.
Nascimento retired in 1982, sold his business, and leased his property. From 1982 to 1997, Leals, purchased heating oil and stored it in the UST for continued heating of Nascimento's property.
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