Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-03-21
What a Deed Conveys.

Judge Bennett of Massachusetts, before
the State Board of Agriculture. said in
substance, that deed conveys the fence
standing on the farm, the fencing stuff,
posts. rails. etc, which had once been
used in the fence, but had been taken
down and piled up tor future use again in
the same place. But new fence material
Just bought and not attached to soil will
not pass. Standing trees pass as a 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 persona!
property. Manure in the barnyard, or in
a compact heap ready for immediate use,
the buyer ordinarily takes as belonging to
tae tarm; though it might not be so. if
the owner had previously sold it to some
other party and had collected it in heap
by itself. Growing crops pass by the
deed of a farm, unless they are expressly
reserved, and when it is intended to re-
serve those it should be so stated in the
deed ITSELF mere oral agreement would
not be valid in law. Another mode is to
! stipulate that possession is not to be given
until some future dav, in which case the
crops or manure may be removed before
that time. AS to the buildings on the
farm, though generally mentioned in the
deed, it is not absolutely necessary they
should be. A deed of land ordinarily
carries all the buildings on it belonging
to the grantor. whether mentioned or not !;
and this rule includes the lumber and tim
Der of any old building which has been
taken or blown down and been
packed away for future use on the
farm. But if there be any buildings
on the farm built by some third
person, with the farmers leave, the deed
would not convey these. since the build
ings are personal property, and do not
belong to the land owner to convey The
real owners thereof might move them off
although the purchaser OF the farm sup
posed he was buying and paying 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, the window blinds
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 considered a part of the
house. but an ordinary stove with a loose
pipe running into the chimney is not.
while a range set in brick work is.
Mantel-peces so attached to the chimney
as not to be removed without marrinC the
plastering 60 with the house. but if mere
ly resting on brackets they NAV be taken
away. Pumps, sinks. etc, fasteded to
the building are a part of ii in law, and so
are the water pipes connected Herewith
bringing water from a distant spring. II
the farmer has 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 din
ner. If he INDUCES in any ornamental
statues. vases. etc. resting on the ground
by their own weight and sells his estate
without reservation. these things go with
the land.