Robert S. Custer owns approximately 97 acres in Cumberland Valley Township, Bedford County, where he operates a nursery business. In March 2015, Custer purchased an electric generator for $1,500. Custer had the generator installed on a concrete pad near
his greenhouses and then had a steel shed type of enclosure installed around the pad and generator. The generator is bolted to the concrete to prevent vibrations and reduce noise. The generator is needed for back-up electricity for heating the greenhouses should an outage occur. Custer has run into financial difficulties and the bank is foreclosing on the land on which the nursery is located. Custer is vacating the premises and wants to take the generator with him. Is the generator a fixture or personal property?
The critical points for discussion are:
a. The nature of the use: the generator is apparently a critical part of nursery operations because of the importance of preserving the temperature in the greenhouses.
b. The party who attached the generator was the owner of the property - higher intent of it being a fixture.
c. What type of damage is done by its removal. Custer could leave the pad and the shed or even just the pad and not damage a 97-acre nursery. The generator is just bolted and could be removed, thus leaving a shed in place that can be used for other purposes.
d. The presence of the generator probably increased the value of the land.
e. If Custer were moving and selling the property, the generator would probably be a negotiable item between buyer and seller.
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