What is the name of your state (only U.S. law)? TX
I'm not looking for legal advice - nothing anyone says here will be interpreted as such. I'm just trying to get consensus...
I sold my house and the buyers close later this month. About 6 months ago, I put a 8X10X6 Tuff Shed from Home Depot up in the backyard. It's sitting on metal rails on a 12X12 concrete slab the previous owners had poured and had a really nice dog kennel sitting on top of it (that they tore down and took with them). The real estate agent (who happens to be our agent as well as the buyers...) told them though that he was pretty sure that the shed would 'convey', as in - it's 'real property' and part of the 'real estate'.
The buyers did not specifically ask for the shed nor is it anywhere in the contract that they want or expect it to be left behind like they did with the playscape in the backyard or the refridgerator - both of which are in the contract and will be left behind.
I called the the Tuff Shed folks that installed it and they offer dissasembling services and said they can get mine down, transported and rebuilt at my new house in a day for ~$600, which is less than 1/3 of what it would cost me to replace it with a new one.
So, is the shed "real property" - as in a part of my house that I can't move? I'm finding various legal definitions online and many refer to buildings or fixtures but also say that 'real property' is not moveable. Obviously, the Tuff Shed isn't exactly designed to be folded up and moved at a moments notice, but neither is my playscape...but then again, a playscape doesn't really fall into the 'building' category either. That said, if it wasn't meant to be moved then Tuff Shed wouldn't offer the service, right?
So, I'm just a little hazy here and trying to figure out if I take this thing is it going to come back and haunt me.
Thanks in advance!