Vicksburg, MI asked in Real Estate Law for Michigan

Q: Is there something called a back yard rule?

who determines what the seller can remove from the yard ?

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2 Lawyer Answers

A: I have never heard of a "back yard rule". But in a sale of real property, what can be removed by the seller is determined, first, by the agreement governing the sale. If there's no agreement as to an item, the issue is generally whether the item is real property (which goes to the buyer, since the agreement provides for a conveyance of the real property) or personal property (which, I am assuming, is not covered by the agreement). Examples: Trees planted in the ground: real property. Pile of lumber: personal property. But it can be complicated.

Kenneth V Zichi agrees with this answer

A: I will second that in over 30 years of practice I've never heard of anything called a 'back yard rule' either. The OFFER controls. If the offer is unclear, there will be issues.

THIS is only one reason why you should have a local real estate attorney review an offer before you submit it or accept it! There are too many opportunities for error!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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