Rensselaer Republican, Volume 15, Number 22, Rensselaer, Jasper County, 8 February 1883 — What Goes With the Farm. [ARTICLE]

What Goes With the Farm.

Henry A. Haigh, Eeq., in the Agriculturist. When a farm is bought or sold, questions often arise as to what goes with it, and disputes may often be avoided if farmers know just what their farm deed includes. In brief, where no reservations are made in the deed, the conveyance includes the land, the buildings upon it, and all such chattels or articles as have become so attached or fixed to the soil or to the buildings, as become what is known in law as “fixtures.” The land, the buildings and the fixtures then, constitute the farm. The first two are easily understood—the land np to its boundaries is included in the deed. If the boundary is a street, or fresh water stream, or inland lake or pond, it extends generally to the middle of these, unless otherwise specifically stated. The buildings are all included, no matter how they rest upon the ground; and, if any one of thgm has been blown or tom down, and its materials stored away for future use upon the farm, such material is also in eluded. If it is found that any building belongs to some one else, with the right to remove it, such fact constitutes a breach of covenant, if not stated. What constitutes a “fixture” depends largely on the intention of the owner in putting it there, and also upon the manner in which it if affixed. Anything so fixed to the soil or the buildings that it cannot be removed without injury, nearly always goes with the farm: and anything of a permanent nature, fitted for permanent use, and annexed thereto by the owner, generally goes with the land, though it might be severed without any injury, as the following example will illustrate: All fences upon the farm go with it, but not fencing materials, as rails, etc., if bought elsewhere and placed upon the farm, and not yet built into a fence; they have never yet been “annexed.” But rails cut from timber standing on the farm and piled np for future use, go with it; their original annexation is not severed by being changed from standing trees to rails. If, however, they were cut with the intention of using them elsewhere than on the farm, they|would then be personal property, and would not pass. The bare intention of the mind of the owner in {his instance makes the difference between real estate and personal property Hop poles, if they have once been used upon the farm, are regarded as a part of it, although at the time of sale they are stored away for fnture use. Loose scaff; 1 ’ poles, however, laid acr.se tlic beams

tiae {reality. Standing Itraes, of course, are apart of the farm, so an trees out or blow dowm if left whore they fall, bat not if corded up for sale—the wood has then beoome personal property.