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BulletCatcher · 01-14-2008, 01:45 PM

I have done a bit more research and have come across a couple of provisions in the ND Century Code that address both the definition of a fixed improvement and ownership of rental property that may be of some use though it is open to interpretation....

ND Century Code Section 47-01-05. Fixtures defined. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently resting upon it, as in the case of buildings, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.

The fence is not permanently attached to the property. It was installed with the intention of removing it when we leave and therefore no cement casings were used and the posts are setting loose in the ground.

ND Century Code Section 47-06-04. Fixtures - When tenant may remove. When a person affixes that person's property to the land of another without an agreement permitting that person to remove it, the thing affixed belongs to the owner of the land, unless the owner of the land chooses to require the former to remove it. A tenant may remove from the demised premises, anytime during the continuance of the tenant's term, anything affixed thereto, for the purpose of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has become an integral part of the premises by the manner in which it is affixed. When any tenant upon agricultural land shall have built, erected, or placed upon such leased premises during the tenant's tenancy, any grain bin, granary, or structure for the purpose of housing grain,
and no written agreement between the landlord and the tenant has been made as to its removal, the tenant may remove the same at any time within eight months after the termination of the tenant's lease and the vacating of said premises. The tenant shall not have said right of removal as against the owner or holder of any mortgage, deed, or conveyance which shall have been filed and recorded after the building, erection, or placing of such bin, granary, or structure, unless such tenant, within sixty days after such building, erecting, or placing, shall have filed in the office of the recorder a written notice describing the land, the character of the structure, and stating that the tenant intends to remove such structure as provided by law.

The first sentence pretty much says what I've been told so far. Once we put up the fence it became the LL property. But the second part seems to leave open the option for us to remove the item as long as we are still leasing the property which we are until the end of this month.

Once again, it's open to interpetation but it's a start.

01-14-2008, 01:45 PM	#17 (permalink)
BulletCatcher Crazy Location: America's Outback	I have done a bit more research and have come across a couple of provisions in the ND Century Code that address both the definition of a fixed improvement and ownership of rental property that may be of some use though it is open to interpretation.... ND Century Code Section 47-01-05. Fixtures defined. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs, or imbedded in it, as in the case of walls, or permanently resting upon it, as in the case of buildings, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. The fence is not permanently attached to the property. It was installed with the intention of removing it when we leave and therefore no cement casings were used and the posts are setting loose in the ground. ND Century Code Section 47-06-04. Fixtures - When tenant may remove. When a person affixes that person's property to the land of another without an agreement permitting that person to remove it, the thing affixed belongs to the owner of the land, unless the owner of the land chooses to require the former to remove it. A tenant may remove from the demised premises, anytime during the continuance of the tenant's term, anything affixed thereto, for the purpose of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has become an integral part of the premises by the manner in which it is affixed. When any tenant upon agricultural land shall have built, erected, or placed upon such leased premises during the tenant's tenancy, any grain bin, granary, or structure for the purpose of housing grain, and no written agreement between the landlord and the tenant has been made as to its removal, the tenant may remove the same at any time within eight months after the termination of the tenant's lease and the vacating of said premises. The tenant shall not have said right of removal as against the owner or holder of any mortgage, deed, or conveyance which shall have been filed and recorded after the building, erection, or placing of such bin, granary, or structure, unless such tenant, within sixty days after such building, erecting, or placing, shall have filed in the office of the recorder a written notice describing the land, the character of the structure, and stating that the tenant intends to remove such structure as provided by law. The first sentence pretty much says what I've been told so far. Once we put up the fence it became the LL property. But the second part seems to leave open the option for us to remove the item as long as we are still leasing the property which we are until the end of this month. Once again, it's open to interpetation but it's a start.