When people buy or sell homes, there is endless debate about what is a fixture and what is a chattel. I remember one purchase where I had a long, drawn-out discussion with the vendor’s lawyer after closing about whether the central vacuum canister was a fixture or a...
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chattel
Alarming
Many more people these days have alarm systems. These systems, like a hot water heater, are often rentals that are to be assumed by the buyer of the home. Be careful, however: sometimes they have particular rules about assumption, and sometimes the buyer will not want...
Rentals to be assumed
Most people (in Ontario, anyway) rent their hot water heaters. What happens when you sell your house? Most agreements will provide that the hot water tank rental is to be assumed by the buyer. Generally, this is quite simple; if your rental is through Enbridge, as...
Abandonment
A client called me not long ago to let me know that the sellers of the home she had bought had left some items behind. Her question: did she have to arrange for the new owner to retrieve them? The general rule on items in the house is that chattels go unless they have...
Chattels and fixtures and lawyers, oh my!
We got an interesting call at the office a few weeks ago: my partner's client was told by the seller of his home that the furnace was going with them. When my partner called the seller's lawyer to ask for an explanation, he explained that the furnace was a chattel,...