The Portland daily press., 1879-01-15
AGRICULTURAL.
What a Deed of Farm includes

Judge Bennett in recent address to the
Massachusetts Board of Agriculture gave the
following important legal information of
special interest to farmers:
OF course everyone knows it conveys all
the fences standing on the farm, bpt all might
not think 1t 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 II Hill. 1922 But new fencing materi-
al just bought and never attached to the soil
would not pass (16 Ill. $780, So piles of hop
poles stored away, if once used on the land
have been considered part OF it q Herman,
1921; but loose boards or scafold 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 Il
Lans. 219.) Standing trees, 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 "a Me. 309,) but not if cut and
corded up for sale: the wood has become per-
sonal property.
If there be any manure in the barnyard, or
In compost heap on the field, ready for i'm
mediate 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
II together in heap by itself az Vt. 95.)
Growing 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 (19 Pick. 315) Another mode
is to stipulate that possession is not to be
given until some future day, in which case
the crops of manure may be removed before
the time.
As to the buildings on the farm, though
generally mentioned in the deed, it is not alb
solutely 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 includes the timber and
lumber of any old building which has been
taken down, or blown down, and been packed
away for future use on the farm al N. H.,
sos, 30 Penn. ST., 1851.
But ii there be any buildings on the farm
built by some third person, with the farmers
leave, the deed would not convey these, since
such buildings are personal property, and do
not belong to the landowner to convey. The
real owner thereof might move them off, al
though the purchaser of the farm supposed he
was buying and paying for all the buildings on
1t. His only remedy in such a 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. 1t would be otherwise
If they had been newly purchased and
brought into the house but not yet attached
or fitted to it. (40 VT, 1881. Lightning rods
also 60 with the house, if farmer is foolish
enough to have any on his house. A furnace
In the cellar, brick or portable IA E. D. Smith
1867 (39 Conn. 1922, is considered part of
the house. but an ordinary stove with loose
pipe running into the chimney is not, pa
Wand 7Q1l Whilo q cot II, brioH
Is G Mass. 1927. Mental pieces so attached to
the chimney as not to be removed without
marring the plastering 60 with the house,
but If merely testing on brackets they may be
taken away by the former owner without
legal liability (102 Mass. 527). The pumps,
sinks, ETC., fastened to the building are
part of it in law (99 Mass. 457) and so are
the water pipes connected Herewith bring
Ing water from distant spring (97 Mass.
1881. 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
bis farm covers them also 90 Pick. 314), as
likewise bell attached to his barn to call
his men to dinner l102 Mass. 514). If he
INDUCES in ornamental statues, vases, etc.,
resting on the ground by their weight mere
ly. and sells the estate without any reserva-
ton, these things 60 with the land IL N. Y.
10Y
If a farm deed is bounded by, on or upon
road it usually extends to the middle of the
roadway. The farmer owns the soil of
half the road, and may use the grass, trees,
stones, gravel, sand or anything OF value to
him, either on the land or beneath
the surface, subject to the super
Tor rights of the public to travel
over the road, and that the highway sur
veyor to use such materials for The repair of
the road; and these materials he may cart
ond f1eo oIcoruhoro &ho
other man has right to feed his cattle there,
or cut the grass or trees, much less deposit
bis wood. old carts, wagons or other things
thereon. Is Met, 567, Allen. 473, Pa. St.,
1851. The owner of drove of cattle which
stops to feed in front of your land, or drove
OF pigs which root up the soil, is responsible
to you at law, as much as if they did the
same things inside the fence. Nobody's
children have right to pick up the apples
under your trees, although the same stand
wholly outside of your fence. No private
person has right to cut or lop of the limbs
OF your trees in order to move his old barn or
other buildings along the highway, "a Cush.,
49, and no traveller can hitch his horse to
your trees in the sidewalk without being liza
BILE, If he gnaws the bark or otherwise in
jures them (54 Me-, 1907. If your well stands
partly on your land and partly outside the
fence, no neighbor can use it except by your
permission. Nay, more, no man has right
to stand in front of your land and insult Won
with abusive language without being liable to
you for trespassing On your land III Barb.
1901. He has right to pass and repass in
an orderly and becoming manner; a right
to use the road but not to abuse it.
But Notwithstanding the farmer owns the
soil OF the road, even he cannot use it for any
purpose which interferes with the use of il
by the public for travel He cannot put bis