What is the legal definition of permanent structure?

Answer 1

There may be a statutory definition, or case law may have decided on one. You need to check the laws of your state. Otherwise it can be problematic but fences, trees, bushes, even sheds and such, are generally not considered permanent -- typically it is something requiring footings and/or a foundation and is depreciated as opposed to expensed off for tax purposes.

Answer 2

As with many broad questions in the law like yours, the answer is ...it depends.

First, nothing is "permanent". There are some ancient structures, but eventually structures will erode, even if it takes millenia.

Second, you have to know the purpose for calling something "permanent":

1. As a general matter, it usually means something not intended to be moved around frequently on the land, or would be difficult to move (relatively speaking).

2. If this is specifically a zoning question, and the issue is how much of the land can be covered with "permanent" structures (sometimes called a "LCR" or lot coverage ratio), it may mean only the "main" structure - so if it is in a residential zone it probably will mean the main house, but not necessarily a garage or shed, unless the local ordinance includes those "structures". In an agricultural zone, it could include both the farmhouse and barns and silos. Etc. Garages, sheds and the like are frequently referred to as "auxiliary" or "ancillary" uses and structures even if they seem permanent.

3. If this is a property insurance question, and the question is what structures on the property are insured for fire or other casualty event, you need to look at both the policy and state law. State law may require certain minimal coverages, similar to the zoning situation above. The policy may expand coverage to include the "ancillary" structures like the garage if it is separate, but if it is part of the main house it would be most likely considered part of the main structure.

4. If this is a title insurance question, the answer is similar to the zoning question but may vary depending on several factors. Typically, however, sheds and fences are not considered permanent structures so that if the structure sits over onto your neighbor's property the title insurance company generally won't insure the "encroachment" as it's called because your neighbor would most likely have the right to make you move it onto your property at your expense if it became an issue, and by not insuring these things the title insurance company is letting you know it is your problem.

5. If this is a landlord-tenant question, the answer will depend almost entirely on what the lease defines a "permanent structure" to be. Whether it is or is not one may have an impact on who (as between landlord and tenant) has the obligation to repair and maintain it or certain parts of it, or if the tenant is totally responsible and actually built it, even to remove it at the end of the lease!

6. If this is an income tax question, the Internal Revenue Code, Treasury Regulations, letter rulings and related governmental pronouncements will not only define what it means but also whether something is a permanent structure for one or another kind of taxation purpose (such as depreciation).

7. If this is a real estate property tax question, and the issue is how much the "permanent structures" are worth on a given property, it will depend on several additional factors but usually correlates with zoning and insurance understandings.

I am sure the term is used in many other ways depending on the purpose and definition if any in the applicable documentation. You must always know the specific purpose and be prepared for the term to vary with its purpose.

Answer 3

define if paving around a tree would be regarded as a permanent structure