Generator: Personal Property Or Real Property?

[Peter LeQuire]

It appears as permanently a part of the real property as are the exterior HVAC units for central H&A systems.

#s 6, 7 & 9 above are on germane.

 

[CANative]

Real property. Intent is the main thing in pp vs rp. That and if removal will cause damage to the property or the item.

Here's the generator from the property I'm working on. $20,000 diesel generator (property is off grid and has a photovoltaic system and a diesel back up generator - auto start) I know, it says Hertz but he has the purchase document. I'm going with p/p on this.

 

[Eli]

Real property. Intent is the main thing in pp vs rp. That and if removal will cause damage to the property or the item.

Here's the generator from the property I'm working on. $20,000 diesel generator (property is off grid and has a photovoltaic system and a diesel back up generator - auto start) I know, it says Hertz but he has the purchase document. I'm going with p/p on this.View attachment 27639

Good point but if it is hardwired and secured to a concrete pad like Marion said, it is real estate. In your case, I would call it how I saw it and make dang sure the bank knew about it because they may want to file a lien on it with a UCC-1 if it might be considered personal property, especially if it is included in a sale of the subject that the bank is financing. On commercial property and some residential properties a generator with an automatic switch can be way on up there in thousands of dollars. Many buyers want them or they wouldn't be installing them. The bank wants a lien on all they can get a lien on usually.

 

[CANative]

Good point but if it is hardwired and secured to a concrete pad like Marion said, it is real estate.

That's why I said "Real property" at the beginning of my post. I agree.

 

[Terrel L. Shields]

. I'm going with p/p on this

Wheels, movable. All poultry farms are now required to have auto run generators and many farms have 200 - 400 Kva supply and 300 gallon fuel tank as a minimum. This is a small one - 75kw - most had 1 gen per two houses.

Note the yellow one has fuel tanks in concrete containers to avoid spills and the auto run switching is on the back wall

 

[Elliott]

Looks 'real-ish' to me.

Aside, I did a million dollar house, that had a 75 KW generator, took up a whole room, had a 4" gas line to it, and the house got repossessed. The generator was removed, along with all the built-in kitchen appliances.

Recently did an REO, all the switch plate and outlet covers were removed.

 

[RSW]

 

[Eli]

Looks 'real-ish' to me.

Aside, I did a million dollar house, that had a 75 KW generator, took up a whole room, had a 4" gas line to it, and the house got repossessed. The generator was removed, along with all the built-in kitchen appliances.

Recently did an REO, all the switch plate and outlet covers were removed.

A lender can prosecute there. That is called disposing of mortgaged property. One can't even dispose of personal property if there is a lien on it. The penalty can be jail time depending on whether retribution is made or not as well as how much money is involved.

 

[Elliott]

 

[Eli]

Yeah, but not paying a bill is different from disposing of property that has a lien on it. A banker gets mad and pushes it and a judge could throw somebody in jail for disposing of property with a lien on it. One is not likely to get throwed in jail for not paying a bill, unless it is child support or the IRS.