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Is Cable co. box a trade fixture if not resident

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Deardra_1028

Junior Member
:confused: What is the name of your state? Oregon
Is the local cable company's box mounted on the outside of a MDU building considered a trade fixture, if they are not a resident of the MDU, and there is no lease or contract?What is the name of your state?What is the name of your state?
 


justalayman

Senior Member
trade fixture
n. a piece of equipment on or attached to the real estate which is used in a trade or business. Trade fixtures differ from other fixtures in that they may be removed from the real estate (even if attached) at the end of the tenancy of the business, while ordinary fixtures attached to the real estate become part of the real estate. The business tenant must compensate the owner for any damages due to removal of trade fixtures or repair such damage.


Is the local cable company's box mounted on the outside of a MDU building considered a trade fixture, if they are not a resident of the MDU,if they are not a resident of the MDU, and there is no lease or contract
There is some sort of contract involved somewhere or the cable company wouldn;t put the box there.

Not sure what you are after. Try a bit more explanation.
 

Deardra_1028

Junior Member
more info

This is a mom and pop cable co. in a very small town. According to the owners of the apt. building there is no contract giving him exclusive rights to supply the cable. Want I want is to be able to access the the home run wires to install satellite in the building to residents that wish to have it instead of having wires running through windows etc. He claims the box is his because he installed it, and is denying access for this purpose.
 

justalayman

Senior Member
This is a mom and pop cable co. in a very small town. According to the owners of the apt. building there is no contract giving him exclusive rights to supply the cable. Want I want is to be able to access the the home run wires to install satellite in the building to residents that wish to have it instead of having wires running through windows etc. He claims the box is his because he installed it, and is denying access for this purpose.

Well, unless he has an agreement with the owner of the building that the box became the property of the building owner, it is still the cable guys box. Although the cable guy may not have exclusive distribution rights within the building, what is there is still his property unless there is an agreement to the contrary. He obviously has permission to install and run whatever he has installed.

This would be similar to a phone company setting up distribution within a building. Another company cannot simply come in an utilize that equipment without permission of the owner of the equipment.

You do not intermingle different companies systems on a common system.

Who would you expect to maintain the wiring in place now? If you did use it, who would maintain the infrastructure?

If you want to run satellite, you willl have to run your own set of wires
 

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