The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-17
AGRICULTURAL.
What the Deed Includes.

A lawyer says that everyone knows that
deed of farm includes, for one thing, all
the fences standing on farm, but not every
one might think it also included all the
fencing stuff, posts and the like, which had
once been used in the fence, but had been
taken down and piled up for future use
again on the same place. But new fencing
material, just bought and never attached to
the soil, would not pass. So piles of hop
poles stored away, if once used on the land,
have been considered part of it. But loose
boards or scaffold poles laid across the beams
of the barn and never fastened to them,
would not be; and the seller of the farm
might take them away. Standing trees, OF
course, also pass for part of the land; SO do
trees blown down and left in the woods
where they fell but not if cut and corded
up for sale; the wood then becomes personal
property.
If there be any manure in the barnyard,
or in compost heap in the field, ready for
immediate use, the buyer usually 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 collected it
together in heap by itself. Growing crops
also pass the deed of farm, unless they are
expressly reserved; and when it is not in
tended to convey them, it should be so stated
in the deed itself; mere oral agreement to
that effect would not be valid in law. An
other mode is to stipulate that possession is
not to be given until some future day, in
which case the crops OF manure may be re-
moved before that time.
As to the buildings on the farm, though
usually mentioned in the deed, it is not nee
essary they should be- A deed of land ordi-
narily carries all the buildings on it belong
ing 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 packed away
for future use on the farm.
But if there be any buildings on the farm
built by third person, with the farmers
leave, the deed would not convey these,
for such buildings are personal property,
and do not belong to the land owner to con-
vey. The real owners thereof might move
them off, although the purchaser of the farm
supposed he was buying and paying for all
the buildings on it. 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
purchased and brought into the house, but
not yet attached or fitted to it. Lightning
rods also go with the house. if a farmer has
any on his house. A furnace in the cellar,
whether brick or portable, is considered part
of the house, but an ordinary stove with
loose pipe running into the chimney is not,
while a range set up in brick work is Man
tlepieces SO attached to the chimney as not
to be moved without marring the plastering,
go with the house, but if merely resting on
brackets, they may be carried away by the
former owner without legal liability. The
pumps and sinks fastened 10 building are
part of it in law, and so are the waterpipes
connected Herewith, bringing water from a
distant spring. If the farmer has iron ket-
ties set in brick-work near his barn for
cooking food for stock, Or similar purposes,
the deed of his farm covers them also, as
likewise bell attached to his barn to call
his men to dinner. If he INDUCES in orna-
mental statues and vases resting on the
ground by their own weight merely, and
sells his estate without reservation, these
things 60 with the land.