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

Mon Aug 28 07:57:06 PDT 2017

Why wouldn’t you record deed of trust in the county where the house is currently located, with agreement to record in second county when the house is re-located, and also file UCC with the state.

Jay A. Goldstein
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of NC
Sent: Saturday, August 26, 2017 1:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Is a stick-built house that is being moved still real estate?

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<mailto: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> [mailto: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<mailto:DWheeler at viresorts.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto: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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