Aug 29 2008
Personal property vs. real property
It is customary that items permanently attached to the structure stay with the structure. Built-in appliances, wall-to-wall carpeting, blinds and attached lighting fixtures are usually considered “real property” and are sold with the house. “Personal property” applies to items that are not integral to the home, are not attached to the structure itself, and can be removed without significant alteration.
However, “attached” objects like storage sheds, garden ornaments, and even prized rose bushes outside the house are more likely to be thought of as personal property than real property. Freestanding items are very likely to be kept and removed by the sellers. If you are buying the home because of the beautiful the back yard water sculpture or garage storage cabinetry, make sure it's staying!
Some sellers will omit such items from the listing they plan to remove, and/or place a note on the items when the house is on the market indicating what will be removed. Decorative items in the garden, unsecured spa or shed, and custom drapes that match furniture could be “personal property” of the seller. If you have any doubt….include in the purchase contract the specific items that may fall into these “gray” areas.
