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The owner of a mansion with extensive landscaped grounds installed a life-size marble statue of his late mother affixed to a granite pedestal on the premises. The statue, a fixture, was specially commissioned by the owner from a well-known sculptor. Several years later, the owner entered into a contract to sell the mansion and its grounds. The contract made no mention of the statue. Prior to closing, the buyer learned that the owner planned to remove the statue before delivering the deed to the property. The buyer has objected, arguing that the statue must stay on the premises. Can the owner remove the statue

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Answer:

I'm really not sure why the buyer would want to keep the statue of the seller's dead mother in the premise, it sounds creepy, but he/she entitled to do so. The statue is probably considered a fixture of the house, mansion or premise however you want to call it. When someone sells a property, he/she must include all the fixtures, e.g. doors, windows, pool. A fixture is something that is physically attached to the property.

If the seller plans to remove some fixture, e.g. an expensive lamp in the living room, he/she must state so before closing the deal and the buyer must accept it (generally it would be included in the contract).

User Paulo Griiettner
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