KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Who owns the wiring? / webinar announcement February 6, 2021 ********************* Webinar announcement: Register now for this informative webinar Title: Forensic Analysis of Non-Conforming Control Panel(s); the UL issue When: February 16, 2021 at 12 PM noon ET 1 hour. Will be recorded Topic: Analysis of risk if using control panels that don't meet UL and NFPA standards Presented by: Jeffrey Zwirn and Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72 Hosted by: Ken Kirschenbaum,Esq Who should attend: Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers Sign up here:https://attendee.gotowebinar.com/register/7111976972157204240 ***************************** Who owns the wiring? ***************************** Ken: Who owns the alarm cable in a commercial warehouse environment where the system was leased (no purchase option)? If I remember there was a case that determined the ADT cabling stayed with the building ownership and was part and parcel of the installation charge. Respectfully, Joseph **************************** Response **************************** This is not an easy answer and depends on a few factors. Initially, we are obviously talking about a LEASE, as opposed to a SALE. If the equipment is sold and installed then it's the subscriber who owns all equipment and material, which includes the wiring. If you are leasing the system and you installed all components, including the wiring, then all of the equipment and material is leased, remains your property and can be removed. Of course you can change that by provisions in the contract, but assuming you don't mess with the Standard All in One Lease, you always own the equipment and wiring, unless you elect to sell it to the subscriber at the agreed installed price rather than remove the equipment. Your contract will define whether the equipment and attachments are to remain personalty, and as long as the equipment is removable without damaging the structure it won't be considered a fixture, part of the realty. But beware, even if you do own the wiring you can by conduct inconsistent with ownership, be deemed to have abandoned the equipment and wiring. This typically happens when the alarm company decides to leave its equipment at the premises hoping that a new occupant will enter into a new contract to lease the system. It gets a bit risky because the building owner may take the position that you abandoned the equipment, especially if you are given the opportunity to remove the equipment and fail to do so. So the answer is that leased equipment can remain personalty and be removed from the structure. *************************** NOTICE: K&K has two clients looking to sell alarm accounts. One company is near Orlando FL and the other outskirts of Miami FL. More details in The Alarm Exchange in the Merger and Acquisition category. *********************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com