Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
The most important factor is whether the fence can be reasonably removed and moved. Clearly, if eve and frank have a contractual agreement that the fence will be considered a fixture, the courts will respect their agreement. Other factors include whether the fence was placed after the warehouse was built, the type of fence, whether the poles have a concrete foundation and whether the fence is part of the land survey in which the property is owned. If the matter becomes contested, how the fence is declared or written depreciated for taxing purposes, will also play a dominant factor. The taxing methodology is a way for the courts to determine the intent of the parties. Certainly, a local ordinance can define through permitting whether the fence is a fixture or not.JACUSTOMER-dr97yxqq- :Can you possibly add some to it. I need 200 words.Attorney Arcadier : If all the aforementioned factors still make the determination of whether the fence is a fixture or not, then we can look at the relative cost of the fence with the value of the warehouse and land. The higher the cost the more likely the fence is permanent in nature and intended to be a fixture. Even the height of the fence can play a role here. The higher more massive the fence is the more likely that the fence will be considered a fixture. This determination of whether it is a fixture or not is critical to determine if property is to be partitioned between Eve and Frank.JACUSTOMER-dr97yxqq- :ok thank you