The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-08-28
What o Deed of q Farm Includes.

OF course every one knows it convey;
all the fences standing on the farm, bu'
ali 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 z Hill. 142.
But new fencing material just bought
and never attached to the soil would not
pass (16 Ill. 4S0.) So piles of hop poles,
stored away, if once used no the land
have been considered part of it / ker,
nan, 1881 but loose boards of scaffold
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. Sl9.) Standing
trees, of course also pass as part OF the
land; so do trees blown down or cut down
and still left in the woods where they iel!
(54 Me. 3O9,) 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 compost heap on the field,
ready for immediate use, the buyer ordi-
narily 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 together
in heap by itself (43 VT. 95.) Growing
crops also pass by the deed of farm, un,
less they are expressly reserved, and
when it is not intended to convey those,
it should be so stated in the deed itself;
q mere oral agreement to that effect
would not be valid in law (19 Pick. 915.)
Another mode is to stipulate that posses
sion is not to be given until some future
day, in which case the crops or manure
NAV 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
includes the lumber and timber 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.,
503, 30 Penn. St. 1S5.
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 per-
sonal property and do not belong to the
land owner to convey. The real owner
thereof might move them of, although
the purchaser of the farm supposed he
was bnying and paying for all the build
ings on it. His only remedy in such
case would be against the party selling
the premises. AS part of the buildings
conveyed, of couse the window blinds are
included, even if they be at the time ta-
ken off and carried to painters shop to
be painted. It would be otherwise if
they had been newly purchased and
brought into the house, but not yet at,
tached or fitted to it lao Vt. 233.
Lightning rods also go with the house.
a furnace in the cellar, brick or porta-
BILE (S9 Conn. 1921 is considered a part
of the house, but au ordinary stove with
a loose pipe running into the chimney
is not (24 Wend. l91, while a range set
in brickwork is Il Mass. 1927 Mantel-
pieces so attached to the chimney as not
to be moved without marring the plas-
teripg 60 with the house, but if merely
resting on brackets they may be taken
by the former owner without legal liza
bility (1O2 Mass. 517.) The pumps,
sinks, ETC., fastened to the building are a
part of it in law 100 Mass. 457, and so
are the water pipes connected Herewith
bringing water from distant spring (97
Mass. 1887 If the farmer has iron ket-
ties set in brickwork near his barn for
cooking food for his stock, or other SINH
lar uses, the deed of his farm covers
them also (l9 Pick, 914,) as likewise a
bell attached to his barn to cali his men
to dinner (102 Mass, 5l9.) If he indul-
ges in ornamental statues, vases, etc.,
resting on the ground by their cwn
weight merely, and sells his estate with
out reservation, these things 60 with
the land IL N. Y, ITO. )-Judge Bennett.