Q: The previous owners left a rental shed on the property and now they are trying to get it back. Is it mine now?
I purchased a lot with a shed on it which I believe was part of the sale. A rental company called me and said they need access to the property to get the shed. I wasn't informed it was not included with the property nor was I told it was a rental. Now the previous owners and the shed rental company are trying to retrieve the shed. Closing was 2 months ago. Is the shed legally mine?
Thank you
A: The shed is probably part of the real estate and thus yours. Check with the company that issued your title insurance policy to be sure.
A:
Unless the shed is permanently bolted on a concrete slab or permanently affixed to the real estate in some other way, it is personal property and title to it would not transfer to you at the time of sale. Typically, the shed company files a UCC financing statement when the shed is considered personal property. The UCC financing statement should have been picked up by the title company at the time of closing and addressed. However, it appears it was not. The seller could have loaded the shed and moved it under these circumstances.
If the shed is bolted to a concrete slab or permanently affixed to the property, it is considered real estate and title to it became yours at the time of closing.
You need to check your purchase contract and closing documents and speak with the title company, listing agent, and selling agent.
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