Friday, 05 27th

Last updateTue, 08 May 2018 3pm

WHAT GOES WITH HOUSE?

Real Estate is usually defined as the land and everything attached to it, such as:
buildings, trees, shrubs, fences, etc. The buyer normally gets all of the real estate, but none of the owner’s personal property. The problem arises when personal property has become part of the real estate. This is called a fixture and does not pass with the real estate.
There are three usual tests which must be satisfied. Has the personal property been permanently annexed to the real estate? Is it intended to become part of the real estate? Finally, what is the local custom? Usual fixtures might include: shades, heaters, ranges, screens, storm windows, lighting fixtures, etc.
It is important that the seller spell out specifically in the sales agreement exactly what he intends to give to the buyer as part of real estate. This will save misunderstanding at the closing, and sometimes save a sale.

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