Show tv aser En ti tl d' d dt t th tn 6 All t reI I BUYER BUrER fA FAVORED f BY lAW REALTY HEAtH 5 BODY DECLARES I I Window Shad Shades s Bathtubs Bathtubs Bath Bath- S tubs on Legs Held 5 f Per Personal onal Property Properly A key reposing reposIng- In a coat p et a hun hundred red miles away wa from from a house Is a l ii a a. part of the 3 aj tho roof on it and should bo be hand hand- ed ever d over over to the new owner in the tho er of ot sale says the National Association AS of Real Estate Board pie ilo second of several articles articles' on fegal rights of or property owners rs Js J's are permanent fixtures and andro ft ro l r d part pait of at a property l' l s b being Ing- Ing par pait W of f fixed locks but winlow win win- lo low shades or bathtubs on legs les gen gen- ti l ar are personal prop property and can t c moved noved from a a. structure that has pen ni sold says the association property you can keep leep Jn In on or on it t if you ou can an prove move IJ is- is ned necessary t to tomake mal make e th the prop te although the the law law does doe riot noV tate state ho how you ou can get along With without ut the old fashioned atIt lt permits to be removed d. d PURCHASER FAVORED J lAll All sales of real property carry a lt to the bu buyer er the permanent fixtures and improvements on the lii Unless ex ex- s t d Iz In the deed cleed of ot sale fixtures s pass the seller to the the- buy buyer buyerT r T t further r action And In d de determining de- de whether hether or not an article is is- isa a fixture in a a. dispute over its iJ character between buyer and seller th the law Inclines to favor faor the pur- pur thaser aser 1 As between buyer burer and s seller ller artles art arti- bles les attached to r real al estate areS are'S are S 'S more readily regarded by bythe byS bythe S th the law than when they are in controversy con con- tr between I landlord and te tei- tei ant i WHAT WA ARE ARE fl FIXTURES r RES under the law fixture is a piece o personal prope property ty tyso so affixed to the land lanti as to have become an n In Integral te part of the the- thereal real esta estate e. e In general anything th that t can be re removed re- re moved oyed without subs substantially injuring injuring injurIng ing the property and especially Irit if Ir it I Is removable without disfiguring disfiguring ing the property is not a fixture Although generally speaking an actual actual ac ac- actual ac- ac physical annexation to the r real ai estate is essential to convert an an article into a a. fixture and this rule s held to be the most certain and and practical test in determining what I 4 ds or is not a a. fixture still this rule rules 33 s neither an absolute noi unfailing t s nor one that is entirely satisfactory satisfactory satis satis- factory so the property owner per- per j by such a problem must lust an- an further The simple criterion fit 1 f physical of ot an article article- to the real estate estat Is i is Inadequate ate to tori ri determine t whether or or not it come kome a a. fixture because annexations annexation illS s a a. term can be interpreted te in so 50 nany different ways For example n III building erected on land by virtue of Ct a contract between the builder and land own owner r may continue Mi to re re re- nain the formers former's personal prop prop- erty If a a. ten tenant nt er erect et a building with the int intention that it remain personal prop property rt which int intention nUon 1 is sS made made known to the landlord he may remove it at t the end end- of th the term unless imless it Is so annexed that it cannot be removed Generally a re aS a'S S building erected on the land Jand of another anOther another an an- other with hI hIS consent remains the personal property ot oL t the e person erecting It and may be le removed by him Articles not actually and permanently perma perma- fastened or annexed to the property may nevertheless be fix fix- lures beyond as in the case ease of ot doors window sashes and d S of ot houses ses merely hung loose and easily lifted from th their ir or of storm doors and double dou dou- ble hIe windows fitting to a dwelling house kept In place by screws when whenn In n use and taken talen down and stored when not needed KEYS frEYS EYS PERMANENT Keys fitted to and used to lock and unlock the doors of houses bouses and outhouses ar are unquestionably permanent permanent per per- manent fixtures an and p part rt o of the real estate although carried all of ot the time in the occupants occupant's pocket and hould should be turp turned d over oyer to a a. purchaser S in n. n the event of sale But EJ a car- car I I pet notwithstanding it is Is Isn n nailed t to he the the floor Is certainly n never v r a. a a fix- fix ture ure and nd nev never r b becomes becomes- comes a part of the he premises All AU domestic articles usef useful l and ornamental ornament l w which a tenant has al annexed an- an and which he he- can readily remOVe re- re mOVe nove from the premises without in jn- jn jur juring or or- marring them and use elsewhere continue to be belis hi his lis personal prop property an and do not be come be-come incorporated in the real estat es es' tat tate ate in in inthe the event of sale In this this class are aro window shades shade hung upon rollers in a private te dwelling a gas ra range ange ge in ina in-a a single family family- house electrical electrical elec- elec apparatus installed and us used d in n a dwelling for fOt the use se comfort and convenience of the occupant nt and att attached ched so as as' as to to be easily d detached and removed a a. port portable ble hot w water ter heater usable anywhere and alid only connected w with th the he- buildIng build build- ing ng by by- byth th tha plumbing a a. bathtub standing on legs and connected up only by ordinary screw joints and mantels made in q quantities kept in stock toek by dealers sold separately adapted for use in all aU sorts of f dwelt dwell ins ings and sustaining self when s setup set setup t up that is not depending on th the building for fot support ex except ept for fop a afew afew few ew screws to steady them and keep keen them hem in place TEST DESCRIBED One Oile O e test to determine whether or r not t a a. chattel an annexed to real eal es' es estate es- es tate ate has has be become ome a a fixture and iId hence hence a a. part of th the land is the use to which it is put If n for Instance in- in stance tance it is placed on the property i ito to o improve and enhance e the v value l e I of f the p property opert that is is some evidence evi dence that thit It is a fixture but Uit is s placed on the land for 91 a purpose that hat adds nothing to Its value that In n turn Is evidence e that it remains personal property The factor factor- of the greatest im importance Importance Iu Im- in d determining wh whether thera a chattel hattel annexed to real estate is or ors oris oris is s not a a. p permanent fixture re is is' the owner owner s Intention respecting its use s se The courts evince a tendency tomake to tomake tomake make the question depend upon the intention in affixing the article and and- he tle nature a character by by- which a a. chattel is- is is attached to to real real- reale e estate es e's tate ate and the purpose se it is intended intend Intend- ed cd to serve ordinarily determine I ne its its' character as a a. fixture or as per per- sOI onal 1 property |