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Buried Swimming Pools ~ Chattels or Fixtures?

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

pool removal

Buried Swimming Pools ~ Chattels or Fixtures?

Bob and Doris bought their home 20 years ago. There was an older swimming pool on the property and they are not really swimmers.

The pool fell into disrepair and they thought the that best alternative would just be to have it buried. It has galvanized metal walls around the perimeter.

They had a landscaper push it over into the hole and then bring in fill to cover it up.

Bob and Doris sold their house and a scrap metal dealer arrived looking to clean out the garage, and remove some older pipes in the house that had been disconnected from the plumbing system.

Bob mentioned that there was a buried swimming pool in the backyard, and the scrap metal dealer wants to dig it up and take that too. He will pay to cover it over again with grass.

Can Bob and Doris sell the galvanized steel walls of the swimming pool that are buried in their backyard?

Louis Snitkin
Halstead Property - Manhattan, NY
"Results That Will Move You"
This is definitely a question for a local attorney. The laws here vary from state-to-state, and I wouldn't even try to guess how the situation should be handled in Ontario. If I was the buyer, I would be happy that the seller removed buried scrap metal.
Dec 05, 2010 04:22 AM
Chris Smith
Re/Max Chay Realty Inc., Brokerage - New Tecumseth, ON
South Simcoe, Caledon, King, Orangeville Real Esta

Brian, another really interesting situation, my guess would be to say this is not a fixture, because it has no utility value to the home... but this is just a guess.

Dec 07, 2010 01:32 AM