The Democratic advocate., 1883-01-20
What a Deed of a Farm Includes.

Hon. Edmund HI. Bennett, of Taunton,
Massachusetts,, Says OF course every one
knows it conveys all the fences standing
on the farm, but all might not think it also
includes 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 g Hill,
142). But new fencing material just
bought and never attached to the soil would
not pass Q6 ILL.,, 490). So piles of hop
poles, stored away, if once used on the land
have been considered part of it q Ker-
nan, 1879; but loose boards or scaffold poles
laid loosely across the beams of the barn
and never fastened to it would not be, and
the seller of the farm might take them
away q Lans., 319). 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 GA Me-, 309), but
not if cut and corded up for sale; the wood
has then become personal property.
If there be 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 pre-
viously sold it to some other party and had
collected it together in a heap by itself
(43 VT, 95), Growing crops also pass by
the deed of the farm, unless they are
expressly reserved, and when it is not in
tended to convey these, it should be so
stated in the deed itself; mere oral agree
ment to that effect would not be valid in
law 09 Pick, 325). Another mode is to
stipulate 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 to buildings ON the farm, though
generally mentioned in the deed, it is not
absolutely necessary they should be. y
deed of land ordinarily carries all the build
ings on it 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., sos; 30 Penn. St, 1859.
But if there be any buildings on the farm
DullG ny SOhlc lllllu pClSol, WIN IIS l"l III
er's leave, the deed would not convey these,
since such buildings are personal property
and do not belong to the landowner to
convey. The real owner thereof might
move them off, although the purchaser of
the farm supposed he was buying and pay
ing 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 conveyed, of course the window
blinds are included, even if they be at the
time taken off and carried to painter shop
to be painted. 1t would be otherwise if
they had been newly purchased and brought
into the house but not yet attached or fit
ted to it (4O ", 233). Lightning rods
also 90 with the house, if a farmer is fool
ish enough to have any on his house. A
furnace in the cellar, brick or portable q
f. d. Smith, PA; 80 Conn, 1922, is con-
sidered part of the house, but an ordina
ry stove with loose pipe running into the
chimney is not GA Wend., POD, while a
range set in brick work is G Mass, 432).
Mantlepieces so attached to the chimney
as not to be removed without marring the
plastering 90 with the house, but if mere
ly resting ON brackets they may be taken
away by the former owner without legal
liability 002 Mass, SD. The pumps,
sinks, etc, fastened to the building are a
part of it in law 90 Mass, 457) and so
are the water pipes connected Herewith
bringing water from distant spring (97
Mass, 1879. Ifthe farmer has iron kettles
set in brickwork near his barn for cooking
food for his stock, or other similar uses, the
deed of his farm covers them also 10 Pick,
314), as likewise bell attached to his
barn to call his men to dinner 102 Mass,
513). If he indulges in ornamental statues,
vases, etc, resting on the ground by their
own weight merely, and sells his estate
without reservation, these things go with
the land (12 n. Y, 100.