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What is the difference between chattel and fixture?

Jul 7, 2020 1:18:25 PM

Chattels

An object that can be removed without damage to the property or it doesn't require a tool to be removed. If it is easy to disconnect for example a refrigerator or a stove that is connected by only  a power cord, then it is likely to be chattel.

Chattels are not included in the sale of property unless noted as an inclusion on the contract of sale. It thus becomes important that as a purchaser you gain clarity as to the inclusions before signing the contract or at least within the cooling off period (if applicable).

Fixtures

An object attached to the property that if removed would add damage to the property. If you have to use a tool to disconnect it, it is likely to be a fixture. Fixture are generally speaking included with the property unless specified or noted otherwise.

The vendor is not entitled to remove fixtures which have not been excepted from the sale. Where a chattel has been so securely fixed that it cannot be detached without substantial injury to the chattel or the erection to which it is affixed, that means that permanent fixing was the intention.

In conclusion, when buying or selling property, it is best to be specific in regard to inclusions, exclusions, chattels & fixtures etc to avoid disappointment. At Sydney Conveyancing, our experienced staff are trained to look after your legal interest. Whether you are buying or selling property, using our experienced and licensed team members is the secure way forwards.

This article is general in nature and not intended as legal advice. For you specific situation please call SYDNEY CONVEYANCING on 6989 4656.

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