Car hoist, personal property?

[Tim Schneider]

Car hoist bolted to the garage floor... personal property or part of the RE?

 

[Couch Potato]

If the bolts are loosened and the hoist removed, would anything need to be done to repair the property?

 

[Tim Schneider]

If the bolts are loosened and the hoist removed, would anything need to be done to repair the property?

No, there would not

 

[Couch Potato]

I would likely treat it as personal property. There are factors that could push it the other way, but I would view it in the same class as a hot tub in a back yard.

 

[Ken B]

Personal property

 

[Mountain Man]

It's personal. We do auto shop appraisals on a regular basis, and even then the hoist are FF&E.

 

[timd354]

Car hoist bolted to the garage floor... personal property or part of the RE?

In my state, under the applicable property laws, if its bolted to the floor, then it is said to be "affixed" to the real estate and is part of the real estate. So, here it would not be personal property, although it certainly could be unbolted and removed and converted back into perosonal property (just as a water heater or furnace, etc could be).

 

[Tom Woolford]

It is an unusual "fixture" that a typical buyer would not expect, or be willing to pay for (except me). It is easily removed. My vote is personal property.

 

[timd354]

It is an unusual "fixture" that a typical buyer would not expect, or be willing to pay for (except me). It is easily removed. My vote is personal property.

The laws in your state may be different, but in Maryland, if it is affixed to the real estate (and something bolted to the garage floor would certainly be considered to be be "affixed" under the laws of my state), then it becomes part of the real estate. Whether or not it is "unusual" or whether or not a buyer would be willing to pay for it has nothing to do with making the determination as to whether or not it is part of the real property or is considered to be personal property under the laws of my state.

 

[Couch Potato]

The laws in your state may be different, but in Maryland, if it is affixed to the real estate (and something bolted to the garage floor would certainly be considered to be be "affixed" under the laws of my state), then it becomes part of the real estate. Whether or not it is "unusual" or whether or not a buyer would be willing to pay for it has nothing to do with making the determination as to whether or not it is part of the real property or is considered to be personal property under the laws of my state.

Bolts could be considered a permanent method of attachment, but they are also easily removed. Since the bolts can be removed and no damage would exist with removal, it would seem little if any adaptation occurred to install it. Unless it was included as part of an agreement for sale of the property, I don't see where it would be justly classified as anything other than personal property. I bet if you investigate your Maryland laws you will find it is not as simple as being attached by bolts makes it affixed and part of the real estate.