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I think they are more qualified to speak on the topic than anyone on this forum.
Did you read their conclusion?
Quote:
Conclusion
No bright-line rule defines fixtures. Most states generally consider fixtures to be things capable of existing sepa-rate and apart from the realty but that are annexed to the realty for a specific use related to the realty and that are intended to be a part of the realty. The facts of each case make a big difference. For that reason, a good understanding of the basic rules is imperative when drafting documents dealing with both real and personal property. Recognizing the facts that will make the difference in each situation aids the practitioner immensely when trying to protect the client’s interests.
My point to emm74 is that I didn't throw together some haphazard list of guidelines from bloggers. These are from some pretty legit sources that are well-referenced.
And I've already admitted in previous posts that there seems to be a lot of gray area with this. But there are certain "rules" as the ABA put it that are generally followed.
Generally, I could sum up this entire thread like this.
Other posters: "You don't have a case, you don't have a case, you don't have a case! For sure, you don't have a case".
Me: "Well, how are you so sure. This is what these numerous legal and professional RE sources say about this topic."
Other posters: "Oh, well, I'm not a lawyer. But you may or may not, but probably, don't have a case. Too much gray area to tell."
My point to emm74 is that I didn't throw together some haphazard list of guidelines from bloggers. These are from some pretty legit sources that are well-referenced.
And I've already admitted in previous posts that there seems to be a lot of gray area with this. But there are certain "rules" as the ABA put it that are generally followed.
I never said you did. But they are still guidelines with varying interpretations, not a statement of law. And in any case, as I already said before, it's not even a question of law, it's a question of fact. From what you said before, it sounds like you may have gone to law school, in which case you should know that that meant. You might feel it's clear that the dresser is a fixture, but a finder of fact could disagree with you because the fact that screws or whatever were used is not dispositive of that.
But of course this is a general discussion and I'm not giving legal advice. But I am a lawyer.
Can't rep your stuff enough either, yet again, Emm
Not to mention that one need not be an attorney to understand and participate in the drafting or signing of legal documents. In fact there are very few areas of the law where one cannot represent themselves and advocate on their own behalf regarding statutes and regs. Being a lawyer doesn't actually impart magical levels of understanding that a well educated adult couldn't garner on their own.
It does give experience in conveying an argument to a judicial body or to withstand legal scrutiny. But again, that isn't an exclusive domain of lawyers where no one else may tread, at least in my states. The ad hominem credential silliness is quite worthless given that legal understanding and personal experience does not require a law license, only practicing on behalf of someone else and selling that service, or use of the legal title on letterhead and advertising.
As an aside, of course I have a lot of respect for lawyers and they have their uses, but I don't know a single one who would claim some sort of special knowledge that an intelligent, careful layperson couldn't gain from study of the pertinent documents and cases, too.
People like the OP crack me up. They come here asking for advice and when they don't like the advice, they get argumentative because it is obvious they don't like the answers they are receiving.
Considering the OP themselves said, "On the other hand, we also didn't feel like these were expensive items to become worried about.", why would they even bother lawyering up to get these things. Patch the screw holes and move on.
Sorry, I didn't want to post something that would give too much away where I live with a simple Google image back search.
For context, you're looking at the entry way into the living room, which is to the right. There is no coat closet or storage nearby, as there typically is at an entry way, so that was the only available storage there. Therefore, I thought it was purposed for that.
Lefty,
If you took a picture right now that doesn't exist on the internets, how in the world are we going to find you?
Contrary to your stated belief(we are "converging" on you), we aren't ALL Illuminati.
I obviously have a difference of opinion with the OP but I still can understand how he or she cannot take a photo of an item that was removed from their home prior to them moving in.
I obviously have a difference of opinion with the OP but I still can understand how he or she cannot take a photo of an item that was removed from their home prior to them moving in.
And.. just to clarify- a listing picture would likely pop up on google image search as a "match" to a trulia/zillow, etc picture- thus leading to a self-doxing & probably complaints about someone spending $xxx on a home & grumbling about a cat tree & a dresser.
And.. just to clarify- a listing picture would likely pop up on google image search as a "match" to a trulia/zillow, etc picture- thus leading to a self-doxing & probably complaints about someone spending $xxx on a home & grumbling about a cat tree & a dresser.
yes, I think we all understand how google image search works and why the OP didn't want to just post the full listing photos which would easily be traced back to their actual home and identity.
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I have a lot of respect for lawyers and they have their uses, but I don't know a single one who would claim some sort of special knowledge that an intelligent, careful layperson couldn't gain from study of the pertinent documents and cases, too.
