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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:
Who owns the wiring?
            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.
            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.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301