The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-09-05
4auotqd to 9aGiapltlra,. Aortjculf0re...
WHAT A DEED OF A rARm INcLupr..

WHAT A DEED OF A FARM INCLUDES.
VI course every one knows Il conSeys all
the fences Standing on the farm, but all
might not think it also. includes the fencing
stun, posts, rails, ETC.. which had once been
used in tho fcuco but had been taken down
and piled up for future use again in the
same place e Hill, 142). But new fenc.
ing material just bought and never attach
cd to the soil would not pass (16 Ill. 4sO).
30 Pills of hop.poles, stored away, if once
used on the land have been considered n
part of 1t q Herman, 1881 but loose boards
or scaffold poles laid loosely across the
beams OF the barn and never fastened to it
would not be, aud the seller of the farm
might take them away. q Lans. 3190-
Standing trees of course also pass us part
OF the land so dotrees. blown. .down-or.c .cua
down and still left in the woods where thew
fell ga Me. 309,) but not if cut and corded
up for sale /; the wood has then become per-
sonal property.
Ii there DC any manure in the barnyard,
or in compost 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 preyi.
ously 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, unless they arc expressly
reserved, and when it is not intended to
convey those, it should be SO stated in the
deed itself; mere oral agreement to that
effect would not be valid in law (19 Pick
3l5) Another mode is to stipulate that
possession is not to DO given until some fu.
ture day, in which case the crop or manure
may be removed before that time.
AS to buildings on the farm, though gen.
orally mentioned in tho deed, it is not abso.
lutcly necessary they should be. A deed
of land ordinarily carries all the buildings
on 1t 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 80 Penn. st. 1859.
But if there be any buildings on the
farm built by some third person, with the
farmers leave, the decd would not convey
these, since such buildings arc personal prop
erty aud do not belong to the land owner to
convey. Tho real owner thereof might
move them off, although the purchaser Of
the farm supposed he was buying and pay.
ing for all tue 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 tho window
blinds arc included, even if they be at the
time taken off and carried to q painters
shop to be painted. 1t would be otherwise
if they had been newly purchased and
brought i1to the house, but not yet at
tached or fitted to it. (4O w., $780,
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 a 4. ID. Smith, 275), (39 Con.
362) is considered part of the house, but
an ordinary stove with q loose pipe running
into the chimney is not GA Wend. 1917,
while range set in brick work is G. Mass
432). Mantle pieces so attached to tho
chimney as not'to'bs moved without MARI.
ing the. plastering 60 with the house, bat if
merely resting on brackets they may be
taken away by the former owner without
legal liability 102 Mass. SID. The pumps,
sinks, etc, fastened to the building are q
part of it in law (99 Muss. 457), and 30
are tho water pipes connected therewith
DnSuS ""soL HoH !" uiStaut sprinS lSl
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 coTers them also (19
Pick. 314), as likewise bell attached to
his barn t. call his men to dinner (1O2
Mass. 513). If he iDeulges in ornamental
statues, vaces, etc., resting on the ground
by their own weight merely, and sells his
estate without reservation, these things 20
with the land, az N. Y. 170).-JUDoE
. BENNETT. s..as ..a