Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-01-22
5arnr ann bonssbolD.
VIA. tie Deed O: q FAM Includes.

Et lullONtilS Is vs. -
Hon. Edmund ii. Bennett, delivered
before the Massachusetts State Board
OF Agriculture: OF course everyone
knows it conveys all the fences on the
farm, but all might not think il also
included the fencing stuff. posts. rails,
etc., which had once been used in the
fence, but had been taken down and
piled up TOR future use again in the
same place. But new fencing mater
ial Just bought and never attached 10
the soil would not pass. SO piles oil
hoop poles. stored away, If once used on
the land have been considered part Of
II, but loose boards or scafold poles
laid closely across the beams OF the barn.
and never fastened to 1t, would not be,
and the seller of the farm might take
them away. Standing trees, OF cour.e,
also pass as part of the land; so do
trees blown or cut down aud still left in
the woods where they fell. but no: if
cut and corded up for sale The wood
has then become personal property.
If there be any manure in the barn
ward or in compost heap in the field,
ready for immediate use, the buyer usu-
ally takes that also as belonging TO the
farm though IL might not be SO il the
owner had previously sold ii TO some
other party and had collected it togeih-
er in heap By itself. Growing crops
also pass by the deed OF the farm. un-
less they are expressly reserved, and
when il is bot intended TO convey those,
il should be so stated in the deed IL
self; mere oral agreement 10 that ei-
feet would not be valid in law. Anolh-
er mode is TO siipulate that possession
is not to be given until some future day,
in which case the crops or manure may
be removed before that time.
AS 10 the buildings on the farm,
though generally mentioned in the deed,
it is not absolutely necessary ihey
should be- a deed Of land ordinarily
carries all the buildings on It belong.
ing 10 the grsntor. whether mentioned
or not and this rule includes the lum-
Der and timber of any old building
which has been taken down or blown
down and been packed away for future
use on the farm.
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 of,
although the purchaser OF the farm sup
posed he was buying and paying for all
the buildings on it. His only remedy
IN such case would be against the
party selling the premises. As part OF
the buildings convened, Of course the
window blinds are included, even il
they be at the time taken off aud car.
ried to painters shop TO be painted.
Ii would be otherwise If they had
been newly purchased and brought into
the house, but not vet attached or fit
ted 10 it. Lightning rods also 90 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 a
loose pipe running into the chimney is
not, while range set in brick work is
Mantel pieces SO attached TO the chin.
ney as not to be removed without mar.
ring the plsstering 90 with the house,
but if merely resting on brackets they
may be taken away by the former own
er without legal liability. The pumps.
sinks, ETC., fastened to the building is
part OF it in law, and so are the 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 tor
his stock, or other similar uses. the
deed of his farm covers them also, as
likewise bell attached to his barn 10
call his men TO dinner. If he INDUCES
in ornamental statues, vases, etc., rest.
ing on the ground, by their own weigh,
merely, and sells his estate without res.
ervstion, these things go with the land