The Republican. [volume] (Oakland, Md.) 1877-current, 1885-05-16
What a Deed Conveys.

Judge Bennett, of Massachusetts,
before the State Board of Agricul-
ture, said, in substance, that deed
conveys the fence standing on a farm,
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
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 and corded up for sale; the wood
has then become personal property.
Manure in the barn yard, or in
compact heap ready for immediate
use, the buyer ordinarily takes as be.
longing to the farm; though it might
not he so if the owner had previously
sold it to some other party and had
collected it in heap by itself. Grow
ing crops pass by the deed of a farm,
unless they are expressly reserved,
and when it is intended to reserve
those it should be so stated in the
deed itself; a mere oral agreement
would not be valid in law. Another
mode is to stipulate that possession is
not to be given until some future
day, in which case the crops or ma
nure may be removed before that
time, AS to the buildings on farm,
though generally mentioned in the
deed, it is not absolutely necessary
they should be. A deed of land or.
dinarily carries all the buildings on
it belonging to the grantOr, whether
mentioned or not; and this rule in
cludes the lumber and timber of any
old building which has been taken
or blown down and packed away for
future use on the farm. But if there
be any buildings on the farm built
by some third person, with the farm
er's leave, the deed would not convey
these, since the buildings are person
al property and do not belong to the
landowner to convey. The real
owners thereof might move them off.
although the purchaser of the farm
supposed he was buying and paying
for all the buildings on it. His only
remedy in such a case would be
against the party selling the prem
ises.
AS part of the buildings convey.
ed, the window-bIindS are included.
even if they be at the time taken off
and carried to the 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 go with the house. A furnace
in the cellar, brick or portable, is con-
sidered part of the house, but an
ordinary stove with a loose pipe run
ming into the chimney is not, while
a range set in brickwork is. Mantle
pieces, so attached to the chimney as
not to be removed without marring
the plastering, 60 with the house, but
if merely resting on brackets they
may be taken away. Pumps, sinks,
etc., fastened to the building are a
part Oft in law, and so are the water
pipes connected Herewith bringing
water from distant spring. If the
farmer had iron kettles set in brick
work near his barn for cooking food
for his stock, or similar uses, the deed
of his farm covers them as likewise
the bell attached to his barn to call
his men to dinner. If he INDUCES in
any ornamental statutes, vases, ETC.,
resting on the ground by their own
weight, and sells his estate without
reservation, these things go with the
land.