Can we take our portable shed when our house sells?

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Can we take our portable shed when our house sells?

We did not put in writing that we wanted to
keep it. Totally didnt think about it. And buyers
did not put in contract that they wanted it. Other
than they may not be happy is there legally any
issue with us taking it?

Asked on July 16, 2018 under Real Estate Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the shed is permanently attached to the property and removing it will damage the property, then the shed is a fixture which has become part of the property and you won't be able to remove it.
Since the shed is portable, you can argue that it is not a fixture because it is not permanently attached to the property.  If you can remove it without damaging the property, you can take it.


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