Horse Property Fencing and Personal Property in SALE, consult an attorney in your state*

When selling or buying a horse property be sure you know and understand what is going and what is staying with the property your buying. Too often people imply or assume items are remaining with the farm or ranch. Sellers may be thinking otherwise, and take all personal items, furnishing's, supplies and some fencing upon sale and vacating the property.

Conversations between parties when showing the property can some time be confusing as to what's promised and what's left for the buyers, Be sure to spell out exactly, item by item in the purchase agreement to avoid delays or even closing extensions. I have seen too often parties get upset when they "think" items or equipment was going to remain on the farm, or thought sellers would leave equipment etc. If your doing a co-broke with another agent, and especially if they are unaccustomed to rural or farm sales, they may not know or understand the rules. 

Personal property, chattel and fixtures should be clearly indicated to parties. Be sure to use the purchase offer space to include all items wanted in the sale, and or add an addendum listing items, descriptions and other information to be clear. Equipment should have model and serial numbers, I also include photos of items, equipment and accessories being requested or left in agreement between parties.

Fencing- Florida Fixtures and Personal Property

A temporary horse wire fence is generally considered personal property (or a chattel), not a real estate fixture, and therefore is typically not included in a property sale unless specifically mentioned in the purchase agreement. 

The key distinction between a fixture and personal property depends primarily on the intent of the owner and the method of attachment, commonly assessed using the MARIA test: 

• Method of Attachment: A temporary fence is usually installed with minimal attachment (e.g., step-in posts that are easy to unroll and set up, or portable panels that snap together), requiring few or no tools for removal and causing little to no damage to the land if taken down. In contrast, a permanent fence would involve substantial attachment like deep posts set in concrete.
• Adaptability/Intention: The purpose of a temporary fence is, by definition, for short-term use, such as rotational grazing, camping, or creating a temporary paddock. The intent is not to make it a permanent addition to the real estate, but a movable item that can be relocated as needed. 

To ensure clarity during a sale:

• For Sellers: If you wish to take the temporary fence with you, it is best practice to remove it from the property before listing the home or explicitly exclude it in the sales contract.
• For Buyers: If you expect the temporary fence to remain, you should specifically list it as an inclusion in the purchase agreement or use a separate bill of sale. 

https://thehorse.com/18363/the-ins-and-outs-of-temporary-horse-fencing/

Chattels and Fixtures:

Chattels and fixtures are anything that is screwed in or down a fixed item which is part of the property. It would have to be noted in the agreement if purchased and sale if additional items are wanted i.e. Fridge, stove, washer, and dryer as they are not fixed unless they are built in. Always make sure you add any items on the agreement of purchase and sale items you are not sure of, hanging feed buckets, fans, tables, barn furniture, cabinets, racks, tables, barn gear, livestock waterers etc.

 

DISCLAIMER* always consult an attorney should you have questions regarding real estate contracts, included addenda regarding, farm, land, utility easements, right of way, pasture and grazing leases, and soil, water or mineral rights.