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Wording in will

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  • Registered Users Posts: 78,436 ✭✭✭✭Victor


    "A structure is a constructed building." - not quite. For example, dams, bridges and radio masts are structures, but generally aren't considered buildings, largely because they have no useable internal spaces.



  • Registered Users Posts: 6,243 ✭✭✭Claw Hammer


    t

    Again you are using engineering concepts in a legal discussion. A bridge is built. A dam is built. They generally don't have contents in the same way as structures such as houses or offices etc. The key issue in this discussion is as to whether any particular object can be classified as part of the structure and is not removable or whether it is an element of the contents or not. Cleiling slabs are intended to be part of the structure although they do not have any structural significance.
    At one extreme a vendor who does not remove the contents may be deemed to fail to give vacant possession and on the other hand a vendor who takes away items may be failing to complete their sale in not delivering what they had contracted.
    In times past it was typical for carpets and curtains to be included in a sale but the sales contract did not mention them.
    The reason for that was that the building societies deducted a notional sum from the price of the house and would only advance 90% of the price of the house minus the notional value of the carpets and curtains on the basis that their security was on the property itself and they couldn't take the value of the contents into account.



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