Ownership of a Shed Owned by a Third Party Following Landlowner's Divorce

My question involves personal property located in the State of: Maine.

Several years ago my father's father bought a very nice shed and put it on my parent's land by the lake for everyone's use. This year, my parents got a divorce and my mom got the property with the shed. My grandfather insists that the shed belongs to him, and he wants me to have it. My father wonders if the shed is now property of my mother, even though the shed was not specifically mentioned in the divorce negotiations. The contents of the shed we're specifically mentioned, but not the shed.

It seems to me that if my grandfather paid for the shed, then it should have never changed ownership through my parents separation. I just want to be sure before I show up with a flatbed.

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Quoting Boatspaghetti

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My question involves personal property located in the State of: Maine.

Several years ago my father's father bought a very nice shed and put it on my parent's land by the lake for everyone's use. This year, my parents got a divorce and my mom got the property with the shed. My grandfather insists that the shed belongs to him, and he wants me to have it. My father wonders if the shed is now property of my mother, even though the shed was not specifically mentioned in the divorce negotiations. The contents of the shed we're specifically mentioned, but not the shed.

It seems to me that if my grandfather paid for the shed, then it should have never changed ownership through my parents separation. I just want to be sure before I show up with a flatbed.

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Does your mother agree that its your grandfather's shed? How about having your grandfather call your mother and tell her that he is sending you to pick up his shed?

However, if the shed is attached to a foundation then it may very possibly have been legally a gift to your parents. If so, then it became a fixture of the land and would now belong to your mother. It really depends on just how portable the shed really is.

It's a wood-floor shed, one pre-built unit that was delivered in one piece and can be moved in one piece by the company that built it. My father told my mother that my grandfather wants me to have it, and she is going to get back to him on whether or not she needs it. I can tell you right now, she does not need it, but it is very possible that she will come back and say she wants to keep it. I'm basically asking this now so that I am armed with knowledge when she tries to claim ownership of the shed.

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Quoting Boatspaghetti

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It's a wood-floor shed, one pre-built unit that was delivered in one piece and can be moved in one piece by the company that built it. My father told my mother that my grandfather wants me to have it, and she is going to get back to him on whether or not she needs it. I can tell you right now, she does not need it, but it is very possible that she will come back and say she wants to keep it. I'm basically asking this now so that I am armed with knowledge when she tries to claim ownership of the shed.

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I don't think that anybody here is going to be able to give you an exact answer. I can tell you for certain that if it is attached to a foundation that it would be a fixture of the property, just like any other building. However, I am just not clear from your description whether it would be the type of shed that is truly portable.

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Quoting llworking

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I don't think that anybody here is going to be able to give you an exact answer. I can tell you for certain that if it is attached to a foundation that it would be a fixture of the property, just like any other building. However, I am just not clear from your description whether it would be the type of shed that is truly portable.

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Is there any more information that I could provide that would help determine whether the shed is "portable"? If not, where do I go from here? Ask an expert? Are there experts here on this website of expertlaw?

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I can move the shed with one phone call, so I would call it portable? It can be trucked down the road legally.

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Quoting Boatspaghetti

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Is there any more information that I could provide that would help determine whether the shed is "portable"? If not, where do I go from here? Ask an expert? Are there experts here on this website of expertlaw?

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I can move the shed with one phone call, so I would call it portable? It can be trucked down the road legally.

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Could you find the type of shed that it is somewhere on the internet and then give a link to that type of shed?

http://www.hillviewminibarns.com/storage-buildings.php

It's like the a-frame classic on this page. This is the company that built it. I'll have to measure it to know the exact size.

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Quoting Boatspaghetti

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http://www.hillviewminibarns.com/storage-buildings.php

It's like the a-frame classic on this page. This is the company that built it. I'll have to measure it to know the exact size.

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That site specifically describes it as a building...it doesn't look very "portable" to me. Its not the type of shed I was picturing as portable.

If I were in your shoes I would NOT remove the shed from your mother's property without her agreement.

Also, there is something else that you need to consider. You cannot assert ownership rights over the shed. Your grandfather is the one who would have do to so. Is your grandfather willing to take your mother to court if she refuses to agree to you taking the shed? Is the shed really important enough to you to put your grandfather through that hassle?...and damage your relationship with your mother?

In court, your mother's attorney would argue that the shed was a fixture of the property and therefore belongs to your mother. Your grandfather would have to argue (and prove) that the shed was always considered to be his property and was not a fixture of the property. It might even be necessary to pay for an expert witness.

Is a shed really worth all of that?...and the resultant expense of litigation?

It is a building but that doesn't mean it isn't portable. If it is not attached to the land it remains chattel and as such, personal property. The fact it is large does not convert it to a fixture in itself. It is portable until placed on a permanent foundation or otherwise secured such that it is considered a permanent fixture.


maybe think of it this way:

a mobile home placed on private property remains chattel until it is affixed to the land and in many states, the title relinquished where as it is then considered a fixture upon the land. Until that time, you can put the wheels on and hitch it up to a truck and pull it away.

this is sort of like a smaller version of that.



so, the only real question is: when it was placed there was it understood grand dad would remain owner of the shed?

Thank you for your help. I had a feeling that this was the case. I guess I'll just have to hope that my mother decides that the shed isn't worth the family feud.

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Quoting jk

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It is a building but that doesn't mean it isn't portable. If it is not attached to the land it remains chattel and as such, personal property. The fact it is large does not convert it to a fixture in itself. It is portable until placed on a permanent foundation or otherwise secured such that it is considered a permanent fixture.


maybe think of it this way:

a mobile home placed on private property remains chattel until it is affixed to the land and in many states, the title relinquished where as it is then considered a fixture upon the land. Until that time, you can put the wheels on and hitch it up to a truck and pull it away.

this is sort of like a smaller version of that.



so, the only real question is: when it was placed there was it understood grand dad would remain owner of the shed?

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That would be a gray area I suppose. As far as I know the shed has always been my grandfathers but if my mother argues that point then who decides who is right?