Real vs. personal property

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Real vs. personal property

My ex boyfriend was living with me on my property. He had a 560 sf shed installed on the property. He has since moved and wants to removed the shed, or wants me to pay him 10,000 for the shed. The building is tethered to the property with tie down screws. Is this building considered ‘real’ or ‘personal property? I live in OH.

Asked on January 13, 2017 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Generally, if it's permanently affixed to the property, such as by having a foundation, it is real property; if it readily movable, even if that means having to unscrew or detach some detachable fastenings (like tie-down screws) it is personal property. The shed you describe, which was not build on site but brought there and then simply fastened down, is most likely personal property.


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