The Young Farmer: Some Things He Should KnowHunt, Thomas Forsyth
Science
The Young Farmer: Some Things He Should Know
Hunt, Thomas Forsyth
Agriculture
The general rule is that "fixtures are any chattels which have become
substantially and permanently annexed to the land or to buildings or
other things which are clearly a part of the land."[D] The annexation
may, however, be purely theoretical, since the keys to the house or
barn, which may be in the owner's pocket, are real estate. One rule
concerning fixtures is that they must be so annexed that they cannot
be severed without injuring the freehold. The intention of the party
making the annexation also often determines, since if the article is
annexed with the intention of making it permanent, it then becomes a
part of the land. Among the things held to be fixtures, and therefore
a part of the land, are: (1) All buildings and everything which is a
part of any building, such as doors, blinds, keys, etc.; (2) fence
materials which have been once used and are piled up to be used again
are a part of the land, but new fence material not yet used is
personal property. (3) Growing crops are real property. They go to the
purchaser of the land unless specially reserved in the deed. A verbal
agreement is not sufficient. (4) Trees, if blown down or cut down and
still lying where they fell, are real property; if cut or corded up
for sale they become personal property. (5) All manure made on the
farm is real estate and passes with the land. (6) All the ordinary
portable machines and tools are considered personal property, but
certain machines held to be of permanent use upon the land are real
estate. Among the things which courts have held to go with the land
are cotton gins, copper kettles encased in brick and mortar for
cooking food for hogs, cider mills, pumps, water pipes bringing water
from distant springs. In general, motive power machinery and the
shafting go with the land, but the machinery impelled may or may not,
depending upon the way it is annexed. (7) If stones have been quarried
for the purpose of using upon the farm, they go with the farm, but if
quarried for sale they are personal property.
CONTRACTS
The difference between personal property and real property may be
indicated by considering the essential features of a contract. A
contract is an agreement between two or more persons. The foundation
rule concerning a contract is that every man must fulfill every
agreement he makes. An ethical practice grows out of this legal rule
which, if strictly adhered to, will save much embarrassment, viz.,
make but few promises and always keep your engagements.
Public-domain text, read in full here on John Shaqi.
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