St. Landry democrat. (Opelousas, La.) 1878-1894, 1885-06-27
FARM DEEDS.

What Passes by the Instrument-Build-
ings and Fences-Crops and Fixtures.
In the buying and selling of farms,
disputes frequently arise as to what
passes by the deeds-that is, what fix
lures or moyables are included in the
transfer of ownership of the farm,
although there may be no question as
to how far the farm extends, and how
many acres it contains. Many of these
disputes result from the difficulty of
distinguishing between real estate"
and personal property" or to use
more accurate legal terms, between
''land" and fixtures In law, the
word "land'' includes houses and
barns, and other buildings, as well as
the soil itself, and ''ixtures" are arti-
cles affixed to land, as pumps, fences,
mantel-pieces, hooks for hanging
clothes, articles of household furniture,
etc, Fixtures are commonly called
movable and ''immovable, theIatter
including all articles so attached to
''land, or using the term in its legal
sense Chat is, including its build
ings Chat they can not be removed
without damaging the land" such as
doors, permanent shelvings, ETC., while
articles not SO attached, as chairs,
stoves, ETC., are movable fixtures.
The rule is, that the land, in it's legal
meaning, and all immoVable fixtures,
pass by the deed. Bearing the forego-
ing in mind, it is commonly easy to de-
termine what articles the deed passes.
Whether mentioned in the deed or
not, all the permanent buildings on
the farm pass by a conveyance. Tenn
porary buildings, as corn cribs, hog
pens, hen houses, ETC., viii pass, unless
Pexpressly reserved in the deed. So
strong is the presumption that all the
buildings on farm pass by the deed,
that even when third person has
peen allowed by the farmer to put 3
| building on his land, such building is
commonly held to go with the farm,
and the actual owner is not allowed to
remove it. 1t is argued that the buyer
of the farm had a right tosuppose that
| the building belonged to the farm. The
owner of the building can recover.
| its value Of the man who has sold
! the farm upon which it was
/ placed. It is very commonly known
| that the fences pass with a sale OF the
| farm. 1t is also true that fencing ma
terial, as posts, boards, ETC.. when once
used, go with the farm, although they
/ NAV at time of the sale be out of the
/ SOL, and piled away for future use. II,
/ however, the fencing materials have
never been. used, but have only been
hauled on to the farm to be made into
! fence at some future day, then they will
not pass by the deed unless especially
mentioned. Loose boards thrown
! across the beams in the barn, and scat
fold poles, do not go with the farm,
! but can be taken down and removed.
| or sold. It would be otherwise it they
were nailed or fastened to the building.
/ 1t is held that boards and timbers once
used in a building, VIII en- has been torn
down, and the materials stored away to
be used again, go with the farm, as
i part of the real estate. :.
Growing crops are SO far fixtures
that they pass with the deed Tor the
farm. unless expressly reserved IN the
i deed itself. A mere verbal agreement
that the crops shall not 90 with the
land is not enough to bind the parties.
The deed passes the ownership OF al
i the growing trees, and OF the trees
which have fallen in the woods, and
i which remain where they fell. When
chopped down and piled into cord,
wood, or ready to behauled to the saw,
mill and made into lumber, they be.
come personal property, and don OF fol
low the ownership of the land.
In States where fertilizers are used
the fact that manure commonly goes
with the land instead of being the prop
erty OF the man who owned the stocb
that produced it, has been settled by
many lawsuits
Doors and window blinds, whether
on the house or taken away from tht
premises to be painted, are SO fal
sIand'' that they go with the deed. Il
however, the blinds have never beer
fitted to the house, the man who puy
the farm viii have to pay a separate
price for them. if he wants them. Iht
, courts have decided that tie-chains TO
{ cattle. attached to the barn, and tie-ul
, blanks, stanchons, timbers. ETC., ar
tacifly included in the deed, ard pas
/ by it. Mantel pieces made part OF tn
t house go with it, but it put up wit!
: brackets and in such way that the.
can be removed without damage TO th
building, the contrary is true. Brle
furnaces. set kettles, pumps IN well
and sinks, all go to the new purchase
of the farm. Without further enumel
lation, it may be said that many pract