White v. Buntin, 77 S.W.3d 702 (2002)

Citation: White v. Buntin, 77 S.W.3d 702 (2002)
Parent Document: White v. Buntin, 77 S.W.3d 702 (2002)
Jurisdiction: Missouri (state)
Effective Date: 2002-06-18
Original Source: https://www.courtlistener.com/opinion/5274787/white-v-buntin/ ↗

Full Text

1,019 chars

There are three elements which must be satisfied in order to determine whether property has become a fixture. Rothermich v. Union Planters Nat. Bank, 10 S.W.3d 610, 614 (Mo.App.2000). These are: “annexation to the realty, adaptation to the use to which the realty is devoted, and intention that the object become a permanent accession to the land.” Id. In the present case, we do not need to reach the issue of whether the driveways, drain *705tile and fill dirt are fixtures. However, we note that there was substantial evidence to support the finding of the trial court that the dirt, driveways and drain tiles were annexed to the land and became such an integral part of the land itself that they would have been difficult to remove from the property and would render it useless and of little value. Moreover, with respect to the fill dirt, the court could reasonably have considered that the majority of the dirt came from the landowner’s property itself and would be difficult to separate and remove from the land.

Other Sections in This Document (20)

Full Text