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Is the Garden Shed a Chattel or a Fixture?

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

Is the Garden Shed a Chattel or a Fixture?


garden shed chattel fixture


By Brian Madigan LL.B.


(Ontario Real Estate Source)

Recently, a reader was concerned about an upcoming closing and was somewhat worried that the vendor was planning to take the garden shed with him. The buyer wanted to know whether the vendor could take the shed and what other things might be considered to be chattels.

In this case the answer is not entirely clear. It all depends on the shed, its purpose and the degree to which it is affixed to the property.

A chattel is a moveable object that has not been "annexed" to the property in a legal sense.

A stand-up dishwasher is a chattel. A built-in dishwasher is not. Built-in appliances are part of the real estate. Independent stand-alone appliances are chattels.

Electric lights fixtures are part of the real estate, but the light bulbs are not.

An uprooted tree in a storm is part of the real estate, as are the shingles that were blown off the roof in the same storm.

It often depends upon the degree to which the item was affixed to the real estate. If it can be removed just by loosening screws, then it is probably a chattel. Pictures can be removed, but you have to leave the wall hooks behind. If there is substantial damage to the premises by reason of the removal, then it is a fixture.

If it was a fixture, the mere fact that it broke does not change its character. The damaged shingles that blew off the roof are fixtures. Oddly, the brand new leftover shingles stored in the garage are still chattels.

You can't take something out of a fixture, even if it can easily be removed. So, the filters for the furnace have to stay. Same thing for integral parts needed for the operation of the swimming pool; the basket in the skimmer has to stay, but the portable leaf skimmer, you can take with you.

So, what kind of shed is it? Any shed of any kind that is affixed to the land is a fixture. Is there any kind of foundation? There usually is, with the better wooden sheds and cabanas. OK, let's assume it is just an inexpensive metal shed just sitting on the ground. So far it's not connected (affixed physically) to the land. But, what was the purpose of the shed? If the vendor just kept his lawnmower and garden tools in there, then it's a chattel. However, if it covered the pool heater and filter (which are fixtures) then the shed is considered to be "annexed to the land" and is a fixture, even though it is not physically attached.

Hopefully, this matter will be resolved long before closing to eliminate any last minute difficulties.


Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through  Royal Lepage Innovators Realty 905-796-8888
www.OntarioRealEstateSource.com

 

Comments (14)

Michael J. Gallo
Florida Luxury Realty - New Port Richey, FL
Florida Luxury Realty - Gulf Home Sales Team

Brian, This is an excellent topic for discussion.  Too bad it was not clearly stated in the listing contract as to the homeowners intent for removal and/or substitution of the shed.  I currently have a listing where the shed with no structural floor is to be removed upon sale.  It is aluminum and houses the lawn mower and rakes, shovels, etc..... 

Apr 23, 2010 02:23 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Brian, if there's a question on something in the home or on the property, it should be on the contract. If the sellers disagree, then it comes up for discussion and clarification. We use a separate form that gets included as an addendum to the contact to avoid issues like you offer. And I have seen where people would take the light bulbs.

Apr 23, 2010 04:31 AM
Jo-Anne Smith
Oakville, ON

Brian,

The rule I was taught to follow is 'if in doubt, include it in the inclusions when working for the buyer'. When listing a property, it's extremely important to clarify with the Seller everything they wish to keep and the things they plan to leave....sometimes Sellers assume they can take things, when clearly those things are attached and have to stay.

An important topic and well worth discussing on AR,

Jo

Apr 23, 2010 04:50 AM
Chris Smith
Re/Max Chay Realty Inc., Brokerage - New Tecumseth, ON
South Simcoe, Caledon, King, Orangeville Real Esta

Very interesting and helpful discussion Brian.  You have enlightened me to "gray" areas I hadn't previously considered.

Apr 23, 2010 08:01 AM
Kathy Clulow
Uxbridge, ON
Trusted For Experience - Respected For Results

Brian - very interesting but perhaps confusing to the consumer

 if ....

"You can't take something out of a fixture, even if it can easily be removed. So, the filters for the furnace have to stay"

indicating that the filter is part of the real estate

Then why are the light bulbs "not part of the real estate" as well .....

"Electric lights fixtures are part of the real estate, but the light bulbs are not."

which indicates it is OK to remove them .....

Apr 24, 2010 07:39 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Kathy,

 

Good point. The distinction here appears t be small.

The lights bulbs are viewed as regular items that require replacement on a constant basis.

The filters on the other hand, do wear out and require replacement but are an integral part of the functioning apparatus.

Light bulbs are considered more like "fuel".

Arguments could easily be made either way, however, that's just the way it is.

Brian

Apr 25, 2010 02:32 AM
Kathy Clulow
Uxbridge, ON
Trusted For Experience - Respected For Results

Brian - I wonder if this will change as we switch to the more expensive energy saver bulbs the cost of the filter (even the expensive HEPA ones .. approx $45) is small compared to the the number of bulbs the average house has. We have two chandelier type lights in our kitchen that each have four bulbs (cost to replace $40 to $60) then you have the rest of the bulbs.

I would think a purchaser would be very upset if on their final inspection or upon closing they noticed the light bulbs had been changed back to non energy efficient one or removed. 

Apr 25, 2010 11:52 AM
Bob Dunn
Sutton Group West Coast Realty - Abbotsford, BC

Brian I've always thought our practise of assuming sheds are fixtures questionable. Now that you have introduced the question of the purpose of the shed I think I'll start detailing it in the contract.

Apr 25, 2010 06:24 PM
Anonymous
Bernard Bone

Are pool cues and balls considered a fixture when the pool table was included in the contract to purchase?

Jul 07, 2012 12:10 PM
#9
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

No, they are chattels and remain chattels. Just because they are inclued in the sale doesn't make them fixtutres. They would have to be mentioned in the agreement as well.

Jul 08, 2012 11:27 AM
Anonymous
Bernard Bone

Thank you for your response regarding the pool cues and balls. I did have one more question.

Are numbers scewed to a door a fixture?

 

Thank You

Bernard Bone

Jul 09, 2012 06:52 AM
#11
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Yes.

But, that dosen't mean that they cannot be removed, if that is covered in the agreement.

Jul 11, 2012 02:03 AM