It depends on how it is attached, and the answer you want is decided by what you do before you get an offer, not after. The general rule everywhere is the fixture test. If it is permanently attached to the land it conveys with the house. If it sits loose it is personal property and it is yours. In practice, courts and contracts look at three things: how it is attached, whether it was adapted to the property, and what a reasonable buyer would have expected. Applied to sheds, roughly. Bolted to a concrete slab or footings, or on a poured foundation: fixture, it conveys. Wired for electricity or plumbed for water: almost always a fixture, and the wiring is what does it. Sitting on skids, gravel or blocks, movable with equipment: usually personal property, but this is exactly the gray zone people fight about. Permitted as a structure and on the tax record: treat it as a fixture regardless of attachment. You said you built it a couple of years ago and it is nice. Nice matters here, because a shed a buyer can see in the listing photos is a shed the buyer thinks they are buying. That expectation is half the fixture test. So here is the sequence that keeps this from becoming a problem. Exclude it in the listing, before any offer comes in. Not in conversation, in writing. Tell your agent to put it in the MLS remarks and in the exclusions section of the listing paperwork, and to add a line to the seller disclosures. In California the purchase agreement has explicit fixtures and personal property paragraphs and the exclusion belongs there. Whatever your state uses, it has an equivalent, and the excluded item has to be named specifically. Then decide whether to remove it before or after listing. Before is cleaner and I usually recommend it. If you leave it standing and it appears in your photos, some buyer will write an offer partly because of it and you will be renegotiating in escrow. If it stays until closing, do two things. Get the removal terms in writing, including who repairs the slab or the yard and by when. And photograph the pad, the yard and the utility connections after removal, because move out condition disputes are decided by photographs. One wrinkle to expect. If the shed was included in the appraisal and you then remove it, the lender can require a reinspection. Tell your agent early so it is disclosed up front rather than discovered three days before closing. And a practical alternative: sometimes the buyer wants it. If so, sell it to them on a separate bill of sale for a stated amount rather than folding it into the purchase price. Cleaner for everyone, and it keeps the appraisal and the loan out of it. I am Zoltan Peresztegi, a real estate professional in Los Angeles and the South Bay. Nine out of ten fights about this happen because somebody assumed instead of writing it down. Write it down and take your shed. Zoltan


