07 Feb 23 AUGUST 2010 FIXTURES & CHATTELS
Q.What is the difference between Fixtures & Chattels?
A. Fixtures are objects which are fixed to the land eg. the house structure and objects physically attached to a house.
Chattels are moveable property which are not regarded as fixed to land. Generally, if an object is intended to become a permanent part of the land (at least for an indefinate or substantial period) it will be regarded as a fixture. If it has only been fixed with the intent that it remains in position for temporary purpose then it is likely to be a chattel.
A chattel can become a fixture by being fixed to the land. If a chattel is fixed to land to any extent, by any means other than it’s own weight then it is probably a fixture. If it is only kept in place by it’s own weight then it is probably a chattel.
Fixtures will usually include, for example – stoves, hot water system, carpets, blinds, clothes line, satelite dish, TV antenna, in ground plants and pool filters.
Chattels usually include, for example – washing machines, dryers and fridges.
In the Reference Schedule to the Contract, details of any fixtures which are not being sold to the Buyer need to be included and as well details of any chattels being sold to the Buyer need to be included.
TIP: When in doubt about whether an item is a fixture or a chattel, the Seller and Buyer should specifically agree on what is being purchased and what isn’t and note those details in the Reference Schedule to the Contract.