property ownership

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

property ownership

We purchased a home from a builder. The purchase was vacant land and the home is to be built on the property. There was a rather large bolder in the back left corner of the lot that my wife wanted to incorporate with the landscape in the front yard. We are getting push back from Pulte saying that the rock was not part of the purchase. We are under the impression that anything that was on the lot when we bought it would be ours. Is the rock ours or not?

Asked on July 18, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any large rock which appears to be a "fixture"--not readily removable or movable from the land without the use of equipment--would be included with the purchase unless specifically exclude in the contract of sale. Anything which a person could readily pick up him/herself, so that even though it is a rock, it is less part of the landscape and more a decoration (equivalent to a potted plant or garden gnome) would not be included. The practical issue is, if they remove the rock, you'd need to sue to get it back--whether it is worth a lawsuit (or it would be better to just get a new rock from a landscapping center or quarry) is an open issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption