Helpful R eal Estate Tips What's a Chattel and what's a Fixture TV WALLM...
TV WALLMOUNTS, GARBAGE BINS, ALARMS and POST BOX KEYS
This may come across as small potatoes, but it has come up enough times to make it worth writing about, mostly because it wastes valuable time after possession. You have a lot of experience with post possession issues that involve things that are gone, things that should have stayed, and vice versa. There are new, modern era, poster children for the “fixture versus chattels” argument; You are well versed in the definition of Chattels versus fixtures, the classic example is well worn: if I turned the house upside down, anything that may fall is a chattel, anything that stays put is a fixture, (not a perfect definition, but a good starting point). Since no one has the old tube TV’s anymore, many of the High Def/Smart units are wall mounted and they easily slip off the wall mounts. Here is the thing, in all probability, the TV is a chattel, and the wall mount is a fixture. Thus, the Wall mounts should stay, and of course the TV goes. That said, the new buyers might want them, they might not. They do make a bit of a mess when they are removed. Take a couple of seconds when closing the deal and ask if the sellers and buyers might agree. If there is an alarm system with mounted components the same issues can arise. Overall, in Chattels and Fixtures, there are two things that are bucking the trend: City Garbage bins and post box keys. Using the historic arguments, technically, the bins should go with the sellers, and the keys should be turned in, but they never do or are-which is fine, if everyone lives by the same rules, we will all be happy. It is interesting to lawyers (but maybe no one else) that many of this new era “grey area” items like common post box keys, city garbage bins, alarm systems and wall mounted high def. TV’s, are all relatively recent developments in real estate. It is not all new though. there are still some classic issues, statistically, the more “rural” in nature, the more capacity for issues, farmyards are always tricky. It has happened that a person left their cat behind in hopes it was a fixture which stayed with the property, it does not, Cats (and Kids) must go with the vendor.
Gord
*always remember that every situation is different and that over time, laws can change and evolve, any doubts, call someone. This article is a “replay” from an article written some time ago, we add to our readers as we go, they may not have seen it before and might appreciate the information.
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