Wilson is selling his home. As he starts the moving process, he is wondering what he may take with him and what he must leave behind. Assume that the contract doesn't specifically list individual items and simply says that he must leave all fixtures. In particular, he is wondering if he can take the following: his brand new refrigerator; glued carpeting in his basement; the 5- by 7-foot handmade Oriental rug in his den, and the shelving in his garage. Since you have taken a law class, he asks you for your advice. What should you tell him?
What will be an ideal response?
Wilson may certainly take any personal property that he owns, so any movable property may be taken. With regard to the items mentioned, he may take the refrigerator because it can be moved by merely unplugging it, so no damage to the premises would result. The glued basement carpeting is a fixture and must remain. It is attached to the property such that removal would cause damage, and the intention when it was installed was that it be permanent. The Oriental rug may be taken because it is obviously an area rug, not permanently attached, and therefore movable personal property. Whether the shelving in the garage may be removed depends on the nature of the shelving. If it is built in and attached to the wall such that removal would cause significant damage to the garage, the shelving would be a fixture and must stay. If it is merely against the wall or anchored by a few screws or nails whose removal holes could be easily repaired, the shelving would be personal property and could be taken by Wilson.
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