Is a fence considered a permanent fixture and can the owner take it during a short sale?

Question

It's a short sale and the fence is iron with a rolling gate. They want to take the fence with them when they leave.

Answer 1

I am pretty certain that unless it was specified in the sales agreement otherwise that the fence would be part of the property.  I think you would have grounds to cancel the sale.

Answer 2

A fence is part of the real property.  If it required a building permit, then it becomes part of the real estate.

Answer 3

My understanding is that anything attached to the ground stays with with house - unless it is written/agreed that the previous owner is taking it. Then they have to leave the remains properly finished (filled in holes, grass replaced, etc.)

Answer 4

A fence is a Permanent Fixture and _must_ be explicitly included in the contract for the owner to take. (at least in Florida RE law)

Answer 5

permanent

Answer 6

You should see some of the homes and the stuff people take with them. Have you seen those fancy shower units that have umpteen sprayers and it's like a car wash for humans? Yeah, people rip those off the shower wall and leave these pipes sticking out all over.

That seller probably paid quite a few thousand to put in that fence, but unless you agree to let it go, that fence stays.

Besides, those things are custom fitted and the posts are cemented in deep. What do they propose? Tear up your front yard?

Answer 7

In my state a fence is a permanent fixture

check with the laws in your state

Answer 8

Yes the fence is a permanent fixture and would be included in an appraisal of value of the prop and can not be taken

Answer 9

yes its a permanent fixture and you cannot take it down. but still, write the fence in with the deal.

Answer 10

if it's in the contract they can take fence, then no it's a permanent fixture.

Answer 11

Unless it says in your buyers agreement/contract that the fence is not included in the sale, then it is. Contact a real estate lawyer.

Answer 12

A fence is nearly always considered a fixture. If they were going to take it, the purchase agreement needed to contain a clause “Seller will remove iron fence with a rolling gate prior to closing.”

If they didn't do that, they cannot take the fence.  

Answer 13

what on Earth are you talking about?

Answer 14

It sounds like you are looking for a law that says they must leave it.  That law does not exist.  Since the seller brought it up it is up for negotiation between you and them.  In other words they can ask in spite of the fact that it is considered a permanent fixture.

Answer 15

If they add it to the sales contract that the bank signs and agrees to, as well as the buyer they can take the fence.   If it is not mentioned and it is installed (stakes inside the ground) it is a fixture that stays, like the kitchen sink.

You can take anything though, even the sink, if all parties agree to exclude it from the sale.   In a short sale the bank is one of the parties that must agree.

Answer 16

no if they want to take the fence they will have to replace it with another you cant just take boundery fences  

Answer 17

No, they cannot take the fence.

If it's attached to the ground in any way, it's attached to the land.

Answer 18

In most jurisdictions, a fence is considered a fixture.  They really should leave it.

Check with your local laws to verify.

Answer 19

A fence of any sort is generally considered a permanent fixture.  If these sellers insist on taking it with them, you need to lower the amount of your offer to compensate yourself for the now gone fence.