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fixture

Is a TV bracket a fixture or a chattel?

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...

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...