Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana

Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold to me as is.

Does the shed convey since it was not stated it did not?

2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might constitute a fixture (not U.S. Bankruptcy law).

Historically, courts have sorted out whether, for instance, a mobile home installed on land becomes a fixture. The usual working analysis is whether the item has become so affixed to the land as to become a part of the land.

You should consult a lawyer authorized to practice in Indiana, preferably one whose practice includes real property matters.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Most likely , the shed belongs to you. Check with a bankruptcy lawyer in your area to be sure.

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