Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-11-06
What a Deed Of Farm Includes

The following Is from an address
of Hon. Edmund II. Bennett, dcliv-
cred before the Massachusetts State
Board of Agriculture:
or course everyone knows it con-
vcys 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. But new fencing mater
ial just bought and never attached TO
the soil would not pass. So piles Of
hoop polls, stored away, ir once used
on the land have been considered a
part Of il but loose boards or scaf.
fold poles laid closely across the
beams of the barn and never fastcn.
ed 10 it would not bc and the seller
Of the farm nigh; take them away.
Standing trees OF course, also pass
rs part of the land so do trees
blown or cut down and still LEFT in
the woods where they fell, but not
if cut and corded up for sale the
wood has then become personal prop
crtv.
II there be any manure in the barn.
yard or IN a compost heap on the
field, ready for immediate use, the
buyer ordinarily takes that also a.
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 a
heap 10y itself. Growing crops also
pass by the deed Of a farm. unless
they arc expressly reserved, and when
it is not intended TO convey those, Il
should BE- so stated in the deed itself;
a mere oral agreement 10 that effect
would not be valid in law. Another
mode is TO stipulate that possession
ia not TO be given until some future
day, in which case the crops or man.
urc 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 ordi-
narily carries all the buildings on ii
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
But if 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 owners thereof
might move them off, although the
purchaser of the farm supposed he
was buying and paying for all the
buildings on it. Ills 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 the 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. Lightning rods also
60 with the house, If farmer has
any on his house. A furnace in the
cellar, brick or portable, is considered
part of the house, but an ordinary
stove with loose pipe running into
the chimney is not, while range set
in brick work is. Mantel pieces so
attached TO the chimney as not to be
removed without marring the plaster
ing go with the house, but if merely
resting on brackets they may be
taken away by the former owner
without legal liability. The pumps,
sinks, etc, fastened to the building
are part of 1t in law, and so are tho
water pipes connected Herewith
bringing water from distant spring.
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, as likewise a bell attached
TO his barn to call his men to dinner.
If he INDUCES in ornamental staues,
vases, etc, resting on the ground by
their own weight merely, and sells
his estate, without reservation, these
things 60 with the land.