Question

Roger and Emma were married and purchased a newly built home that had no lawn or any other landscaping. Over the next several years, they spent countless weekends landscaping their yard with expensive and exotic shrubbery and trees. They also had a large above ground swimming pool in the backyard. Because Emma got a job transfer to another city, they were forced to sell their beautiful home. They also had an antique china cabinet built into the dining room with Emma's grandmother's chandelier installed. After the sale, but before closing and moving away, they began uprooting several shrubs, the china cabinet, the chandilier, and removing the pool to take to their new home. The buyer objected to the removal claiming that the shrubbery and the pool were real property and thus were included in the sale of the home. Roger and Emma claim that they are personal property so they are entitled to take them.

Who gets to keep the: Also, tell me why?

a. shrubbery
b. pool
c. house
d. china cabinet
e. chandilier

Answer 1

Answer is given below

Step-by-step explanation:

a) Shrubbery

Roger and Emma gets to keep the shrubbery.

Real property refers to land and anything connected to the land, on the other hand, personal property means moving and not a lot of land. The bush is not permanently attached to the earth and means it is moving, so it is private property.

b) Pool

Roger and Emma gets to keep the pool.

Ground pools of any size do not have the substance and degree of durability that are considered portable and real property in nature. This is the nature of their installation and the materials used in their manufacture are portable. Roger and Emma have a swimming pool on the ground and since it's private property, they keep it.

c) House

The buyer gets to keep the house.

The house is already part of the land and already permanently fixed, so that it does not move. This means that it is real property, so Roger and Emma should leave it to the buyer as it is not considered personal property.

d) China cabinet

The buyer gets to keep the china cabinet.

The China Cabinet is a status quo. When the fixtures are attached to the property they become real assets. Attached to the house is the property of the China Cabinet. This means that Roger and Emma cannot claim it as personal property and therefore the buyer must keep it.

e) Chandelier

Roger and Emma gets to keep the chandelier

The chandelier is not considered a fixture and therefore referred to as personal property as it is not attached to the property, i.e. the house. This means that the buyer cannot keep it because it is not a real property