Is a collectible sign affixed to an out building of a residence considered a fixture under South Carolina law

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Is a collectible sign affixed to an out building of a residence considered a fixture under South Carolina law

Closing on subject residence is scheduled for 3 pm
today, so time is of the essence. Our reall estate
agent was no help.
Sales contract did not stipulate that Seller retained
the Signs

Asked on January 29, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, anything "affixed" to a building is a "fixture" of it and goes with the building to whomever buys it. So if it is bolted or the equivalent to the building, it is a fixture and the buyer gets it; it was just hung (like a picture on a nail), the seller can remove and take it. The quick and dirty test: remove without tools, seller may take; require tools to remove, it's a fixture.


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