Does it Stay or Does it Go?

Does it Stay or Does it Go?

The diffence between a "Chattel" and a "Fixture" has likely caused more grief for real estate agents and homeowners than any other issue. Unfortunetely even the courts haven't sent a clear message about the difference.

In very general terms a Chattel is something that is easily moved and not part of the structure. Furniture, pictures, beds, dressers are all examples of chattels. Fixtures on the other hand are usually built in items lights, central vac, cooktops. but there are many grey areas. While the central vac unit is a fixture what about the powerhead and hose assembly? It's really more of a chattel.

Something new that has caused a few agruments are the new TV's that mount to the wall. These units are bolted to wall with special hangers so are they a fixture or a chattels as TV's usually are?

A rule of thumb I was taught early on was if it needed a tool to be removed it is a fixture. Like everything else dealing with chattels and fixtures it doesn't always work. But this method does.
To ensure you get what you think you are getting, have your agent write into any offer exactly what you are expecting to be left on closing day. Make it part of the deal so that no one, including the vendor or the purchaser, has any questions about what is included and excluded.

Jamie Woodend
Sales Representative
Remax a-b Realty Ltd Brokerage
88 Wellington Street
Stratford, Ontario, N5A 2L2
519-273-2821 ext 229 Office
519-949-0345 Cell