Who became the owner of the fence?

Questioner

February 2021, we signed a lease agreement for a rental property (private rental) during the transfer of the property it was delivered with fence parts in the backyard on both sides. The landlord has indicated that the fence parts in question were placed by the previous tenant. On Thursday, March 11, 2021, the fence on the left side blew over during the storm. Now the insurance company is asking who owns the fence. Is that me or is that the landlord because the old tenant placed it with permission (the landlord becomes the owner of the fence when the old tenant terminates the lease). I would like to hear an answer from you.

Lawyer

Dear, You (as a tenant) are in any case not the owner of the fence, after all the fence was already there before you rented the house. Whether the fence belongs to the landlord, the neighbor or both of them depends on facts and circumstances that you have not yet mentioned in your description. I would especially advise you to forward the matter to your landlord as soon as possible.

Lawyer

Sometimes a lease agreement includes a takeover document in which certain taken over movable property but attached works that have become part of the rental object such as a fence. If this takeover is missing, then the owner of the fence is the lessor (on behalf of the owner) or the actual owner. The presence or absence of permission is not so relevant.