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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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