Chattels and Fixtures

My real estate encylopedia defines "chattels" : moveable possessions and personal property, that may be removed without injury to the freehold estate, and "fixtures" as:  an improvement or personal item on the real property that becomes a fixture by being attached to the real property or building and becomes part of it.  Usually this means that if you can pick up an item and walk out the door with it, it is a chattel.  If you need a tool to detach it, it is a fixture.  The rule of thumb is that fixtures are included in the deal unless otherwise spelled out in the agreement of purchase and sale, and chattels are excluded unless otherwise noted there.  Usually along this line for appliances, an electric stove is a chattel and an electric microwave mounted on a cabinet is a fixture.  TV's have long been considered chattels, but now with the wall bracket mounted large screens, they could be considered fixtures.  That antique dining room chandelier that is a family heirloom will stay with the house unless you spell it out in the agreement.  Also, the oriental hand knotted area carpet that you have your eye on, does not have to be there at closing.  The safest practise is to add sufficient detail to the agreement to clearly identify what is included and excluded.  If the agreement includes the microwave, it is prudent to indentify the model and serial number, or take photos, as evidence in case there is an inferior substitution before closing. As with all things legal there are grey areas and variations, and your personal situation my be complex.  For clarification and additional information, check with your lawyer.

Coral Robinson, Broker, RE/MAX four season realty Collingwood, Thornbury, Blue Mountain

Coral Robinson B.A., Broker

RE/MAX four seasons realty limited, Brokerage
67 First St., Collingwood, Ontario, L9Y 1A2

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