The Real Test for Chattels vs. Fixtures

If you’ve ever had to explain chattels vs. fixtures, you’ve probably used one of these sayings:

If it is not nailed, screwed, or glued to the house, it is a chattel; if it is attached, it is a fixture.

If you turn the house upside down, anything that falls out is a chattel, and anything that stays put is a fixture.

These are industry sayings, helpful to a point, but they don't fully articulate the legal nuances.

So for those of you that like to nerd out on this stuff, I've summarized the legal test that courts apply when deciding chattel vs. fixture:

Start with attachment

This sets the presumption

• Not attached (resting by its own weight) → presumed chattel.
• Attached (screwed/bolted/plumbed/built-in) → presumed fixture.

How attached is it?

The degree of annexation

• To what degree is the item physically connected to the land or building?
• Would removing it cause appreciable damage (to the property, or the item)?
  → favours fixture.
• Can it be removed cleanly with little to no impact. → favours chattel.

Why is it attached?

The purpose or objective intention of the item

• Is it attached to improve the property as a property? (ex. security system protecting the home) → favours fixture.
• Attached mainly to help the item function as an item (ex. picture hung on a wall) → favours chattel.

The Real Takeaway

There are no hard and fast rules here.

These are fact-driven questions, and small details can change the result.

Which is exactly why the goal isn’t to “know the test” so you can argue about it later — the goal is to avoid the dispute in the first place.

Build the right habits:

The more specific you are on inclusions and exclusions, the better.

Even noting the make, model, or colour of an appliance can save you a lot of trouble if the seller tries to pull a fast one on closing.

Latest YouTube Video:
What's Included in Your New Home (Chattels and Fixtures)