leutsey
Apr 2, 2008, 04:23 PM
I purchased a garage which had a car lift and a air compressor already in it the compressor is wired to the breaker box and black iron pipe hooks the connectors to the compressor. The lift is bolted to the floor and has conduit which is in the concrete floor which houses a hydraulic hose the pump stand is concreted in the floor. Now the old owner has been evicted by the courts and he want me to give him the compressor and lift .there never was any intention of takeing out ever and nothing in writing giving him ownership after the sale of the building does he have a case against me or does he not have leg to stand on? I was always told if it was plumbed in wired in or bolted in it would stay with the building like a commode or heater or hot water tank etc.
N0help4u
Apr 2, 2008, 04:32 PM
Basically if it is part of the building as you say and it was never in the written agreement that he wanted these things then it should be easy to prove that he just wants them now as an after thought. Also how long have you been in possession of the building and how much you paid compared to the value of everything could possibly help prove your case too.
The fact that you bought it as a garage business should help too.
N0help4u
Apr 2, 2008, 04:58 PM
How long have you been in the building? I would think that if he actually wanted the stuff in the first place he would have made you sign something acknowledging he would be back to take the stuff.
Fr_Chuck
Apr 2, 2008, 05:43 PM
1. It is not always that easy, if it is attached it is normally considered part of the property, but then there is always that "maybe" It could be common practice in the garage business for a life that merely sits on the floor and is merely bolted for safety or because of code, to be moved.
For example, if he was merely renting, this would have been property of the business, not of the landowner. But then the issue is, who evicted him, during an eviction, the landlower is responsible to set out or remove the property of the tenant.
I could see a good case of the renter sueing the landower who evicted him for its value.
If you bought it as part of the property, ( listed on the real estate contract or at least listed on the real estate listing) then you have no problem, it is the sellers problem.
But at least here locally, the lifts that are not real installed one ( those that have concrete broken away and actually installed into the floor) but ones merely bolted onto the floor are always moved or sold when the tenant moves or goes out of business.
The problem here is that the renter has the obligation to take it with him, not leave it.
I can see a good case in court if he has only recently been evicted.
But I cam somewhat confused, was there a renter in the building that you bought, or is this the old owner, and why or how did the old owner get evicted ? If you bought it, was he not out before you bought it.
But in either case, no these are not always considered part of the building.
As for the compressor, the larger ones by law have to be hard wired in and would be plumbed, that does not make them always part of the building, commercial is sometimes industry practice over a strict attached rule. For example a counter may be screwed in to keep it from falling over, but it is still not part of the building if added by the tenant.
Even in a private home, a window air unit ( if installed properly) has screws put in to bottom frame, but that does not make it part of the building