- A fixture is something that has become legally part of the land or building — attached in a way that makes it, in effect, real property.
- A properly drafted Agreement of Purchase and Sale doesn't leave chattels and fixtures to the general legal default — it lists them explicitly.
You toured the home, fell for the light fixtures in the dining room and the built-in shelving in the study, and assumed they'd still be there on closing day. Then the seller unscrews the light fixtures and takes the shelving apart before moving out, and suddenly you're asking whether they were even allowed to.
Chattels vs. fixtures is one of the oldest distinctions in Ontario property law, and it decides exactly this kind of dispute. Get it right in your Agreement of Purchase and Sale, and the question never comes up. Leave it vague, and you're arguing about it after the fact — with far less leverage than you had before you signed.
The Legal Distinction
A fixture is something that has become legally part of the land or building — attached in a way that makes it, in effect, real property. Built-in cabinetry, a wired-in light fixture, a furnace, and similar attached items are generally treated as fixtures. Fixtures pass to the buyer automatically with the sale of the property, unless the agreement specifically says otherwise.
A chattel is personal property — something movable, not attached to the structure in a way that makes it part of the land. Furniture, area rugs, and freestanding appliances are typical chattels. Chattels do not automatically transfer with a sale; the seller is entitled to take them unless the agreement specifically says they're included.
The general rule, in short: fixtures stay unless excluded; chattels go unless included. Real transactions blur this line constantly, which is exactly why your Agreement of Purchase and Sale needs to spell things out rather than relying on the general rule to sort it out.
How the Agreement of Purchase and Sale Handles This
A properly drafted Agreement of Purchase and Sale doesn't leave chattels and fixtures to the general legal default — it lists them explicitly. Two lists matter:
- Included items — chattels the seller has agreed to leave, even though they wouldn't automatically stay (a specific appliance, window coverings, a shed).
- Excluded items — fixtures the seller wants to remove, even though they'd automatically stay under the general rule (a chandelier with sentimental value, a mounted television bracket, a built-in wine fridge).
Anything named explicitly in either list controls over the general rule. This is the whole point of listing them: it removes the guesswork and the argument.
Common Grey Areas
| Item | Usually treated as | Why it gets disputed |
|---|---|---|
| Wall-mounted TV brackets | Fixture (bracket) / chattel (TV) | The bracket is attached; the television isn't — but sellers sometimes remove both |
| Window coverings (blinds, curtain rods) | Fixture (rods, blinds) / chattel (curtains themselves, in some cases) | Custom or expensive treatments are often specifically excluded by sellers |
| Garden sheds and playground structures | Fixture if permanently affixed; chattel if freestanding | Depends heavily on how it was actually installed |
| Built-in appliances (dishwasher, wall oven) | Fixture | Freestanding versions of the same appliance (fridge, range) are usually chattels |
| Light fixtures and chandeliers | Fixture | Frequently subject to specific exclusions when a seller wants to keep a particular piece |
| Mirrors and shelving | Depends on method of attachment | Glued or bolted units read as fixtures; leaning or hook-mounted pieces read as chattels |
What Happens If a Seller Removes Something They Shouldn't Have
If a seller takes an item that was either a fixture (and not validly excluded) or a chattel specifically listed as included, that's a breach of the Agreement of Purchase and Sale. The usual first step is raising it immediately — often discovered at the final walk-through — so it can be addressed through a holdback, a replacement, or a price adjustment before closing rather than after.
If it only comes to light after closing, the buyer may still have a claim against the seller, but resolving it becomes slower and less certain once the transaction is complete and the seller has moved on.
How to Protect Yourself When Drafting or Reviewing the APS
- [ ] List every chattel you're relying on being included by name, not by assumption
- [ ] List every fixture the seller wants to take, so it's clear what's being excluded and why
- [ ] Be specific — "kitchen appliances" invites disagreement; naming the make, model, or exact item does not
- [ ] Photograph anything ambiguous during your viewing, before the agreement is finalized
- [ ] Confirm the same list at your final walk-through before closing
Frequently asked questions
If something wasn't mentioned in the agreement at all, who gets it?
It defaults to the general rule: fixtures stay, chattels go. But "wasn't mentioned" is exactly the situation that leads to disputes, because reasonable people disagree about whether a given item counts as a fixture or a chattel.
Can a seller remove a fixture even though it wasn't listed as excluded?
Not legally, if it's genuinely a fixture and the agreement doesn't exclude it. That's why unclear or contested items are worth naming specifically rather than leaving to the general rule.
Are curtains and blinds fixtures or chattels?
Curtain rods and blinds are typically treated as fixtures because of how they're attached; the curtain panels themselves are sometimes treated as personal property depending on how they're hung. This is a classic grey area worth listing explicitly if it matters to you.
What should I do if I discover a missing item after closing?
Contact your lawyer promptly. You may still have a claim against the seller for breach of the agreement, though resolving it after closing is slower than catching it beforehand at the final walk-through.
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