Roger and Emma were married and purchased a newly built home that had no lawn or

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?

Explanation / Answer

The given condition is incomplete. The 'sale' doesn't explicitly mention what all materials were sold. Generally when you sell your house, you just sell the building not the materials in between. But again if the terms and condition mention that all the attachments in the house, shrubs etc in the compound would be included in the bargain, then these all belong to the buyer.

Considering that only the building has been sold, nothing else:

a. Shrubbery goes to Roger and Emma, because it is not a naturally grown shrub rather planted similar to a flower vase or flower tub.

b. Pool: Had it been cut on the ground, the seller wouldn't have a claim, but since it is an artificial and detachable one the seller can take it back.

c. House: It is the buyer's property. He has bought it.

d. China Cabinet: It is an external attachment and belongs to the seller.

e. Chandilier: It belongs to the seller, since it has been fitted by the seller.

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