Question: Garza Construction Co. erects a silo (a grain storage facility) on Reeves ranch. Garza also lends Reeve funds to pay for the silo under an
Garza Construction Co. erects a silo (a grain storage facility) on Reeve’s ranch. Garza also lends Reeve funds to pay for the silo under an agreement providing that the silo is not to become part of the land until Reeve completes the loan payments. Before the silo is paid for, Metropolitan State Bank, the mortgage holder on Reeve’s land, forecloses on the property. Metropolitan contends that the silo is a fixture to the realty and that the bank is therefore entitled to the proceeds from its sale. Garza argues that the silo is personal property and that the proceeds should therefore go to Garza. Is the silo a fixture? Why or why not?
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