A fixture in a house sale in Maine. what qualifies for one?
Don't be horse-ing around when it time to talk turkey about fixtures, personal property when selling a Maine home. Does it stay, can it go and what is considered a fixture in a real estate home sale anyway?
The intent with which it was installed, put into place is a big part of the decision on what has to stay or is allowed to go down the road with the seller.
If it is bolted down, permanently attached comes into the discussion too.
Many use these two simple tests above to prove what is or is not a fixture in a real estate home sale.
In my real estate practices class thirty six years ago, the basic definition of a fixture was considered part of the land itself and not a separate piece of property. Whatever was not attached to the property was chattel.
Personal property debates happen if the expectations are not clearly spelled out in a real estate property listing sale. Often the buyer hopes the lawnmower, free standing patio furniture and grill stay.
To be dug up flowers, shrubs, removal of a loved ones remains, we have seen it all.
Including the provision that a future burial of a still alive relative of the present owner can be interned at the family burial plot. Spell it out is the three word command.
Don't leave anything to chance. Up for debate or to become a bone of contention.If it is Maine farm property being listed, marketed and sold, spell out who gets to harvest the planted crop this fall, the late summer hay after the listing is sold.