The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-07-29
WHAT A DEED CONVEYS.
Memoranda of Interest to Buyers and
Sellers of Land.



rExchange.l
Judge Bennett, of Massachusetts. be.
fore 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 for future use
again 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 a compact heap ready for i'm
mediate use, the buyer ordinarily takes as
belonging to the farm; though it might
not be so if the owner had previously sold
it to some other oarty and had collected it
in heap by itself. Growing crops pass
by the deed of a farm unless they are ex-
presSly reserved, and when it is intended
to reserve 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 pos.
session is not to be given until some future
day, in which case the crops or manure
may be removed before that time AS to
the buildings ON the farm, though gener.
ally mentioned in the deed, it is nc t abso.
lutely 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 timber of any one build
ing 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 buildings are
personal property and do not belong to
the landowner 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-blind 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
part OF the house, but an ordinary stove,
with a loose pipe running into the Chin
ney, Is not, while a range set in brick
work is. Mantel-pieces SO attached to
the chimney as not to be re-
moved without marring the plaster
ing go with the house, but if merely
resting on brackets they may be taken
away. Pumps, sinks, etc, fastened to
the building arc part of it in law, and
so are the water-pipes connected there
with bringing water from a distant
spring. If the farmer had iron kettles
set in brickwork near his barn for cook
ing 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 statues, vases, ETC., resting on
the ground by their own weight, and sells
his estate without reservation, these things
go with the land