Sold My House...Chattel Question. (1 Viewer)

[Terry Hansen]

Well we sold our house several weeks ago and have purchased another home.

My question is this, are landscaping rocks considered chattels or real property (must stay with the house)? We have a decorative rock in our front yard that my neighbour has asked if he could have. Normally I would say no but he has offered to let us use his truck and trailer for our move so I feel a bit guilty. My wife thinks we should leave it. What is the right answer?

 

[Mort Corey]

I would think that since you no longer own the house, you no longer own the rock, so it's not yours to give.

Mort

 

[Chu Gai]

Agreed. The land and what's on it goes to the seller.

 

[Jeff Ulmer]

I'd say this lies in a grey area. The new owners have every expectation to get the house the way they saw it, with landscaping intact unless otherwise specified in the contract. Obviously, items that aren't affixed are not included in this - loose planters, benches, yard ornaments. If it is something that you, if you were buying the house, would reasonably expect to remain with he property, than I would leave it as is, especially if it is a focal element. People can get upset over the silliest things, and the last thing you want is for the new owners to get bent out of shape that a rock was removed - which could lead to other otherwise minor issues being made more of than necessary.

If in doubt, leave it, and explain to the neighbor that it has to stay with the house.

 

[Bryan X]

Just ask the people you sold it to if they care.

 

[Jay Taylor]

What would be left if you removed this rock? A barren dirt hole surrounded by a nice lawn? If so the buyer would have every right to be upset.

 

[Chris Lockwood]

Tell your neighbor to ask the new people if he can have the rock. Or at least ask the new owners if they mind - since it's not YOU who wants the rock, I wouldn't want to start an issue over it if they do assume it's included.

I agree it's probably a gray area, since it's not a fixture, but it's not clearly personal property, either... also hard for anyone to answer without seeing it.

 

[Terry Hansen]

I've told my neighbour that the rock has to stay with the house, of course that doesn't mean he won't dig it up the day I leave (seriously, you don't know what this guy is like). Thanks for the posts.