Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1885-05-09
what n Deed Conveys.


The following extracts from an
address delivered before the Massa-
chusetts State Board Of Agriculture,
by Hon. E. III. Bennett, viii be of
interest to our land owners:
"Of course, everyone knowsit con-
veys the fences standing on a farm;
but all may not think it 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 in the same place. But
new fence material. just bought and
never attached to the soil, will not
pass. Standing trees also pass as
part of the land; so do trees blown
and 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
erty. If there be any manure in the
barnyard, or in a compost heap on
the field, ready for immediate use,
the buyer also takes that ordinarily
as belonging to the farm, though it
might not be so if the owner had
previously sold it to some other par
ty, and had collected it together in a
heap by itself A mere oral agree
ment to that effect would not be val
id in law. Another mode is to stip-
ulate that possession is not to be
given until some future day in which
case the manure may be removed
before that time. As to the build
ings on the farm, enough generally
mentioned in the deed, it is not alb
solutely necessary they should be.
A deed of land ordinarily carries
all the buildings on it to the grantor,
whether mentioned or not. And this
rule includes the lumber and timber
of any old building which has been
taken or blown down, and been pack
ed away for future use on the farm.
II there be any buildings ON the
farm built by some third person with
the farmers leave, the deed would
not convey these since the buildings
are personal property to convey.
Tho real owners thereof might move
them off, although the lawful
purchaser Of the farm supposed
he was paying for all the buildings
on it. His only remedy in such a
case would be against the party sell
ing the premises. As part Of the
buildings, of course the window
blines are included, even if they be
at the time taken of and carried to
the painters shop to be painted. It
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 has any
on his house. A furnace in the Gel
lar, brick portable, is considered a
part of the house. But an ordinary
stove with a loose pipe running into
the chimney, is not, while range
set in the brickwork is. Mantel-
pieces, 80 attached to the chimney
as not to be removed without mar
ring the plastering, 60 with the
house; but, if merely resting on
brackets, they may be taken away
by the farmer without legal liability.
The pumps, sinks, ETC., fastened 20
the building, are part of it in law,
and so are the water-plpes connected
Herewith, bringing water from a
distant spring.
If the farmer has iron kettles, set
in brick work, near his barn, for
cooking food for his stock, or SINH
lar uses, the deed Of the farm COW
ers them also, as likewise the bell at
tached to his barn to call his men to
dinner.
Ifhe INDUCES in any ornamental
statues, vases, etc, resting on the
ground by their own weight merely,
and sells his estate without reserva-
ton, these things go with the land.n