“How do I know if equipment on a property conveys with the sale?”
October 2, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: “How do I know if equipment on a property conveys with the sale? For example, would playground equipment in the backyard of a property automatically convey?”
A: As a general rule, if the item in question is affixed to the property in some way, it conveys. Conversely, if it is not affixed, it does not convey. This could apply to all sorts of items, whether it be playground equipment, shelving, a grill, or anything else. There can, of course, be grey areas in determining whether something is affixed, particularly when an item has a component that is affixed and another component that is not. (Some security cameras, for example, have docks that are affixed, while the camera itself is not.)
If there is an item that your client wants to be sure conveys (or does not), the safest thing to do so as to avoid disputes later on is to address it in the terms of the contract.
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