Would a water fountain that looks to be an integral part of backyard landscape be considered real or personal property?
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Would a water fountain that looks to be an integral part of backyard landscape be considered real or personal property?
Just did the walk through and the sellers mentioned that they are taking the water fountain in the backyard. I was under the impression that was considered real property. Although it’s not cemented in the floor, the landscape is designed around this wall type fountain (the slate flooring is curved around this area and there is an electrical outlet next to the fountain for water pump). There were some exclusions listed in the contract such as fridge and framed mirrors, but this item was never discussed. Fountain is about 6 ft, 500 lbs.
Asked on January 22, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, if something is not hard mounted into the property, it can be removed by the sellers, and this includes fountains that may appear to be integral but are not actually "installed" into the backyard, the same way a seller could remove a bookcase that appeared to be part of the wall but actually is freestanding. If there was a hard mounted water or drain connection, they should not be able to take the fountain; if the only connection was a plug into a outlet (e.g. it just kept recirculating the water in it), the probably could remove it.
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