Left Property after closing
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Left Property after closing
I bought a Wisconsin home in June and the previous owner left a deer
stand on the property. He is now harassing me that he wants it back.
Does he have any right to do that?
Asked on January 2, 2018 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on the nature of the deer stand, and apologies for not knowing off the top of my head how such stands are set up--I'm not a hunter.
If the deer stand is fully mobile, like, say, a tent or one of those "Home Depot" stand-alone sheds that simply rests on the ground without a foundation or otherwise being dug in, then he can have it: something not secured at all to the ground, or only secured in a loose, easily removed way (like by tent pegs) is not a "fixture" and goes not go with the house. It is personal property of theirs and they can retrieve it.
If the deer stand is affixed to the property--for example, it is nailed into a tree, or is set up on/braced by poles driven into the ground as securely as fence posts--then it is a fixture of the property and goes with the house: it would be yours.
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