Permantly affixed ?

[denoginnizer]

The man I was leasing one of my pastures from died about 6 monthsa ago. I had been renting his place for about 6 years and we never had any problems. He was a good man. Anyway , new man bought the place a couple of months ago. At first he said he wanted to keep everything just as it was. Then he said he was going to flip the place and that if he could sell it I would have 30 days to move my cows. Then he told me he needed the shop and that I needed to move my equipment. About 2 weeks ago he called and said he was changing his mind yet again and that I had 30 days to move my cattle. No problem. I had kinda expected this might happen so I left room to put the cattle on another place. Problem started today. I told him I had trucks and help lined up to move the cattle in the morning but if it was ok I would wait until this weekend to get my prefert catch pen. He said O no the catch pen is permantly affixed and must stay with the property . I bought the pen and took it to the place. I tied it with string to about 12 post that I put into the ground. Does that sound permanent? I am going to get my catch pen tommorow. I dont care what he thinks.

 

[denoginnizer]

I sure do have the recipts.

 

[Jogeephus]

I had someon try and pull this stunt on me too. Its yours. You paid for it. He may have thought he was buying it. Realtor even may have told him he was buying it. But the problem is not yours but his and someone elses. Load it up and go. He sounds like an idiot.

 

[ga. prime]

One of the good things about priefert pens is their portability. Permanently affixed? :lol2: :lol2:

 

[Red Bull Breeder]

I guess i would tell him to watch how portable it was when i loaded it up and hauled it away.

 

[grannysoo]

He could have an argument that the 12 posts are permanently affixed. If the pen is just tied to the posts, then he does not have an argument for the pen.

I would load it up and take it home. Just make sure you fill the holes up when you take the posts up.

 

[SFFarms]

He could have an argument that the 12 posts are permanently affixed. If the pen is just tied to the posts, then he does not have an argument for the pen.

I would load it up and take it home. Just make sure you fill the holes up when you take the posts up.

To be honest he could claim it all day that it is permantly affixed. But you have nothing to worry about a judge would laugh in his face. I would take it he has no legal leg to stand on. ;-)

 

[dun]

I would leave the posts and the string and haul the rest home.

 

[denoginnizer]

Got them all back at home.
Whats yawls opinion on a gate hung on a wooden post? Is that permantly affixed? The fellow picked such a fit I left one that I had paid for..
He did agree to re-imburse me for bushoggin his pasture so I at least made a little money. When he asked me the going rate for bushogging I added a little extra for the loss of the gate ;-)

 

[SRBeef]

You got me thinking about real estate taxes - If you have a tub, alley chute and headgate which are pinned together does it make any difference from a real estate tax valuation if it is staked down to the ground or tied to posts or just free standingt? This is not a portable on wheels but can be let stand or staked down to the ground. I don't want to increase taxes by staking it down. I used rebar about 3 ft long with washers welded to the top driven into crushed rock and screenings. Could pull them out and wouldn't make much difference to the cattle.

 

[angus2]

A clear contract works well to keep things straight.

 

[dun]

If the guy was a big enough jerk I would consaider only the holes in the ground to be "permanently affixed"

 

[EAT BEEF]

I purchased a quarter section last year and the guy that had it rented claimed all the gates were his.He bring this up before the closeing,so we agreed on a price for them and I paid him after I closed on it.I thought it was strange since they were attached.

 

[Brute 23]

In Real Estate terms it is NOT Permantly Affixed. Tell him if his agent told him he was paying for those pins to take it up with the agent, not you. Some one can't sell what is not theirs.

When talking perminantly affixed alot of times curtains are considered not, but the rod and holder are because they are screwed to the wall.

The real estate agent handling that should have made the prevous land owner and yourself get together a list of every thing that was yours and would not be going with the sale. There is a special place in the contract to put those types of things to prevent confusion. That would be too easy though I guess. :roll:

 

[alabama]

I rent a pasture also and had a question. I know the catch pin a ally are mine but what about gates that I have replaced as the old ones that came with the place rusted out. I have replaced several that were old and rusted out. I left the old gates or what is left of them on the back of the place. So when I move off should i take my gates?

 

[Jogeephus]

In my lease agreement, any gates put up become the property of the landowner. However, if you tell me the gate is useless and I see it is or trust your word all you got to do is bring me a bill for the gate - I will give you a check. Labor is yours. But the way I see it, its fair and a win/win deal for both of us.

 

[Brute 23]

Alot of that stuff just needs to be discussed and it goes by what ever was agreed upon. Alot of times the land owner pays for materials (gate) and the person with the lease does labor.

That stuff should be discussed up front.

 

[1982vett]

I rent a pasture also and had a question. I know the catch pin a ally are mine but what about gates that I have replaced as the old ones that came with the place rusted out. I have replaced several that were old and rusted out. I left the old gates or what is left of them on the back of the place. So when I move off should i take my gates?

Mostly depends on your agreement with the owner. Do you keep up the fences and do maintence for a reduced rental rate?

 

[Jogeephus]

That stuff should be discussed up front.

Excellent point. Communication is the way to prevent most problems.

 

[grannysoo]

That stuff should be discussed up front.

Excellent point. Communication is the way to prevent most problems.

It should be discussed, but discussions seem to get "lost" when money is involved. I understand both points of view, however the law is going to side with the property owner on items that are "attached". When you bury a post, it is now "attached" to the land. When you nail or bolt something to that post, it is "attached". If you attach it by tying it with wire, that is not permanently attached.

As to the gates, they are not permanently attached, because they are probably mounted on pins. You can remove your new gates provided you hang his old ones back.

I understand your points completely, but in a court of law, the issue of permanently attached is going to win every time. Any permanent (attached) upgrade that you make to another persons property becomes the property of that person.

A couple of examples:

You rent an apartment from me and remove my light fixture in the bedroom and hang a ceiling fan. that ceiling fan now belongs to me. You have no right to remove it because it is attached.

You buy a new stove for your apartment, remove mine and place it into storage. Upon your moving out, you can remove yours and replace with mine because yours is not "attached".

Now let's take this to the extreme:

You rent my property and build a corral on the property. You take great pride in this "improvement", plant the posts in concrete, build it with 6 inch lag screws.

The corral is now mine because it is permanent.

However............. You have modified/damaged my property. I can take the corral that I now own, remove it (and do whatever with it), and charge you for the removal of it and bringing the property into the condition that I rented it to you.

You might not understand this, but it's the law. You can not "permanently" modify another persons property without their express permission.

I run into this with my rental property on a frequent basis. What my tenant may consider to be an "upgrade/improvement", I might consider to be a royal p.i.t.a.

Be careful and follow the law. Don't let this bite you in the a$$. :tiphat: