The Republican. [volume] (Oakland, Md.) 1877-current, 1880-03-27
What a Farm Deed Conveys.

In an able address before the
Massachusetts Board of Agriculture
upon those legal questions which the
farmer ought to understand, Judge
Bennett gave the following as the
law i'm relation to things conveyed
with the realty, aid personal prop
erty which the person who sells has
the right to remove. This law aD.
plies to Maine as we'll to Massachu-
sets !:
A farm deed conveys all the fences
standing on the farm, but all might
not think it SO including the fencing
stuff, rails, posts, etc., which had
once been used on the fence. but
which had been taken down and piled
uD for future use again in the same
place. But new fencing material Just
brought and never attached to the
rail would not pass.
So Of the piles of hoop. poles stored
away, If once used on the land, have
been considered a part of it. but loose
boards or scaffold poles laid loosely
across the beams of a barn. and meyer
fastened to them, would not be, and
the seller of the farm might take
them away.
Standing trees, of course, also pass
as part of the land /; SO do trees blown
or cut down, and still left in the
woods where they fell, but not if cut
or corded up for sale; the wood has
then become personal property.
If 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 as
belonging to the farm though it
might not be so if the owner had
previously sold it to some other par
ty, and collected il together in heap
by itself. Grown crops, also pass, by
a deed of farm, unless they are ex.
pressly reserved. When 1T is not
intended to convey those it should be
so stated in the deed itself; a mere
oral agreement to that effect would
not be valid in law. Another mode
is to stipuIate that possession is not
to be given until some future day. in
which the manure may be removed
previous to that tine. AS to the
buildings on the farm, though gen
orally mentioned in the deed, it is
not absolutely necessary that they
should be specified. A deed of land
ordinarily carries all the buildings to
the grantee, whether mentioned or
not, and this rule includes the lum-
Der and timber of any old building
which has been packed away for flu
ture 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, since such
buildings are personal property, and
do not belong to the land owner to
convex. The real owner thereof
might move them off. although the
purchaser of the farm supposed he
were buying and paying for all the
buildings on it. His only remedy in
such case would be against the par.
ty selling the premises. AS part of
the buildings conveyed, of course
the windoW-blinds are included even
if they be at the time carried off to a
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 go
with the house, if the farmer is TOOL.
ish enough to have any on his house.
A furnace in the cellar, brick or por.
table, is considered part of the house,
but an ordinary stove, with loose
pipe running into the chimney, is
not.