Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-12-25

does not give any right to the flats. While
vet again-such are the niceties of the law
if the phrase of the deed is TO the beach
mr. sea-" to the sea Shore" "to the sea or
flats" the grantee owns down to low water
mark, flats and all. In view Of such nice
and subtle distinctions one is tempted to ex-
claim with the Earl of Warwick, in Shak-
speare's Henry VI;
"Bctween two hawks. which flies the higher pitch
Between two dogs which hath the deeper mouth,
Between two horses, which doth bear him best,
Between two girls, which hath the merrest eye,
lhave, perhaps, some shallow spirit of judgment,
But in these nice sharp outlets OF the law,
Good faith, am no wiser than daw.'
WHAT DEED OF FARM INCLUDES.
OF course every one knows it conveys all
the fences standing on the farm, but all
might not think it also included the fencing
stuff, posts, rails ETC., which had once been
used in the fence, but had been taken down
and piled up for future use again in the
same place e HILL, 1922. But new fencing
material Just bought and never attached to
the soil would not pass O6 ILL.,, 1907. So
piles of hop-poles, stored away, if once used
on the land have been considered part of
it q Herman, 1889 but loose boards or scat
fold poles laid loosely across the beams of
the barn and never fastened to it would not
be, and the seller Of the farm might take
them away q Lans., 219). Standing tire es,
of course, also pass as part OF the land so
do trees blown or cut down and still left in
the woods where they fell ga Me-, 300), but
not if cut and corded up for SALE the wood
has then become personal property. If there
be any manure in the barn-yard, or in com
post heap on the field, ready for immediate
use, the buyer ordinarily takes that also as
belonging to the farm; though it might not
be so, if the owner had previously sold it to
some other party and had collected it to-
gether in heap by itself (43 VT, 95). Grow
ing crops also pass by the deed of a farm
unless they are expressly reserved, and when
it is not intended to convey those, it should
be so stated in the deed itself a mere oral
agreement to that effect would not be valid
in law 90 Pick. 315). Another mode is to
stipulate that possession is not to be given
until some future day, in which case the
crops or manure may be removed before
that time. As to the buildings on the farm,
though generally mentioned in the deed, it
is not absolutely necessary they should be.
| A deed of land ordinarily carries all the
buildings on it belonging TO the grantor,
whether mentioned or not and this rule in.
cudes the lumber and timber of any old
blown down, and been packed away for fu-
ture use on the farm al N. H., 800, 30 Penn.
St., 1859. But if there be any buildings on
the farm built by some third person, with
| the farmers leave, the deed would not con-
vey these, since such buildings are personal
property and do not belong to the landowner
to convey. The real owner thereof might
move them off, although the purchaser of
the farm supposed he was buying and pay
ing for all the buildings on it. His only
remedy in such case would be against the
party selling the premises As part of the
buildings conveyed, of course the window
blinds are included, even if they be at the
time taken off and carried to painters shop
to be painted. II would otherwise if they
had been newly purchased and brought into
the house, but not yet attached or fitted to
it Gao VT, 233). Lightning rods also go
with the house, if farmer is foolish enough
to have any on his house. A furnace in the
cellar, brick or portable q +. ID. Smith, 275;
80 Conn, 1922, is considered a part of the
house, but an ordinary stove with loose
pipe running into the chimney is not GA
Wend., 1919, while a range set in brick work
is & Mass 1927. Mantel pieces so attached
to the chimney as not to be removed with
out marring the plastering go with the house,
but if merely resting on brackets they may
be taken away by the former owner without
legal liability Q02 Mass, 5l7). The pumps,
sinks, etc., fastened to the building are a
part of it in law 600 Mass, 457), and so are
the the water pipes connected Herewith
bringing water from distant spring (97
Mass 1889. If the farmer has iron kettles
set in brick work near his barn for cooking
food for his stock, or other similar uses, the
deed of his farm covers them also GO Pick,
3l4), as likewise bell attached to his barn
to call his men to dinner Q02 Mass, 5l4).
If he indulge in ornamental statues, vases,
ETC., resting on the ground by their own
weight merely, and sells his estate without
reservation, these things go with the land
J az n. Y, 100.