sunnycal asked:
I had bought and installed a chainlink fence around the front yard of the house I’m renting. Now the owner has filed bankruptcy and the house has been sold. I want to take my fence with me when I move, but the lawyer that represent the bank that now own the property say I can’t take it because it’s attached to the property. Is this true?
I had bought and installed a chainlink fence around the front yard of the house I’m renting. Now the owner has filed bankruptcy and the house has been sold. I want to take my fence with me when I move, but the lawyer that represent the bank that now own the property say I can’t take it because it’s attached to the property. Is this true?
June 16th, 2009 at 7:23 pm
Unfortunately he is right. Any personal property that is attached to the real property the way that its use become a permanent part of the real property, the intent of the use was permanent.
Usually the chain link fence fits to the permanent use and you can not remove it. If you can prove that removing the fence would not cause the damage to the property than you should be able to remove it.
June 17th, 2009 at 8:20 am
Take the fence! You must be a true rental jerk! I own several properties and would never rent to someone with that type of attitude. WHY dont you sue for all the time you spent using your energy to flush the toilet!
June 17th, 2009 at 8:38 pm
Take the fence but leave the poles
June 21st, 2009 at 3:48 am
If the change/improvement you applied to a property is of a PERMANENT nature (such as a chainlink fence with posts set in concrete below ground level), it legally does become the property of the house’s owner.
If it is portable/not permanently attached, YOU retain it’s ownership .
June 23rd, 2009 at 6:22 am
That’s correct. It became the landlord’s property (and now the lender’s following the foreclosure) as soon as you installed it.
June 25th, 2009 at 2:53 am
In most states, any improvement you make to a property that you are renting becomes part of the property.
If you were smart, you would have made a deal with the landlord prior to installing the fence for him to pay all or part of the cost, or to have him give you a break on your rent for that amount.
I know he went bankrupt, but he was the owner of the house. You cannot take the fence by the same virtue that you cannot take the house.
June 27th, 2009 at 4:36 am
That sounds right to me. What would you do with a used chain link fence anyway?
June 30th, 2009 at 2:18 am
You had better leave it. That property, including the fence, belongs to the bank now. Stealing from banks is never a very good idea.
July 1st, 2009 at 4:43 pm
In most states, the fence became a “fixture” once you installed it. It is now part of the property and long longer belongs to you.