[WSBARP] Is a stick-built house that is being moved still real estate?

[NC]

Damaged improvements remain on the land may still retain property type but
once in transit/removed it is no longer an improvement until reaffixed is
my belief but check out the state's definition:

All property can be divided into two major categories—real property and
personal property.  Real property includes land, buildings, structures, and
affixed improvements generally classified as immovable, e.g., paving,
fencing.  (RCW 84.04.090
<http://apps.leg.wa.gov/RCW/default.aspx?cite=84.04.090>.)



Personal property by its nature is not permanently attached and, therefore,
is movable.  The chief characteristic of personal property is its mobility.
Whether an item is real or personal property in a particular situation
usually can be determined by the intent of the owner and the means of
attachment.  If an item is affixed to the land so that it loses its
original physical character and cannot be restored to its original
condition as a practical matter, it loses its nature as personal property
and becomes real property.  If an item can be removed from the real estate
without damaging either the item or the real estate, it is personal
property.  For example, if a tenant installs a light switch in the wall,
the wall could be damaged by its removal.  Therefore, it may be real
property.  However, if a tenant places a sign on top of the roof, there is
no intent of permanent installation, and the sign can be easily removed
when the tenant leaves.  The sign is personal property.



If you had to file a security interest in a house that was being moved from
one county or state to another and not immediately being reattached, what
type would you file and where would you file it at?

On Thu, Aug 24, 2017 at 12:39 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I have looked a bit further into it in Am.Jur. and it's muddled and
> appears to rely in part on intent and purpose of removal. The lumber and
> debris resulting from a building knocked down by a hurricane is still
> considered "real property" even though technically it has been severed from
> the land. The key that fits a lock on the front door can be considered real
> property even though of course the key is completely mobile and never fixed
> to the land. A portable building on skids that is moved to a property might
> be considered real property if it is intended to stay there on a permanent
> basis, but might stay as personal property if it is intended to be
> temporary.
>
>
>
> With the "move a house" scenario it seems even weirder--whose intent
> controls? If the same person owns both lots and the house, and intends to
> permanently affix it to the new lot, is the house still real property while
> it's moving? If instead the house is sold by the owner of the first lot to
> a different person who owns the second lot, is it personal property because
> the seller is intending to sever the house from their land, but it becomes
> real property when delivered to the buyer because the buyer intends to
> affix it to the land? Or perhaps it does not become real property for the
> buyer until it is actually affixed to the land?
>
>
>
> How many angels can dance on the head of a pin?
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Wheeler, Doug
> *Sent:* Thursday, August 24, 2017 12:17 PM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Is a stick-built house that is being moved still
> real estate?
>
>
>
> Just an off-the-cuff response, but if it has been severed from the land,
> how could it still be real property?
>
>
>
> *Doug Wheeler*
>
> General Counsel
>
> Vacation Internationale
>
> 1417 116th Avenue NE
>
> Bellevue, WA  98004
>
> (425) 454-3065 Ext. 1208
>
> DWheeler at viresorts.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Eric
> Nelsen
> *Sent:* August 24, 2017 11:31 AM
> *To:* WSBA Real Property listserve (wsbarp at lists.wsbarppt.com) <
> wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Is a stick-built house that is being moved still real
> estate?
>
>
>
> Old house, built 1910, lifted off its foundations and is being moved to
> another lot.
>
>
>
> Once it's severed from the original lot and while it's moving, and before
> it's laid onto a foundation at the new lot, is the house personal property
> or real property?
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
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