Fixture

What is a Fixture?

A fixture is any item of personal property that has been permanently attached to real estate and is considered part of the property.

Why a Fixture Matters in Real Estate

In Canadian real estate, fixtures are typically included in the sale unless explicitly excluded in the Agreement of Purchase and Sale.

Common examples of fixtures include:

• Built-in appliances
• Light fixtures and ceiling fans
• Mounted shelving and cabinetry
• Attached mirrors or window blinds

The legal test for a fixture often considers how the item is attached and whether it was intended to be permanent. Buyers and sellers should clearly list inclusions and exclusions to avoid disputes.
Understanding fixtures helps all parties avoid misunderstandings about what is included in the sale.

Example of a Fixture in Action

The seller removed a built-in dishwasher after closing. The buyer argued it was a fixture, and legal action followed due to its permanent installation.

Key Takeaways

• Permanently attached to property.
• Typically included in a sale.
• Distinguished from movable chattels.
• Should be listed clearly in agreements.
• May lead to disputes if unclear.

Related Terms

• Chattel
• Agreement of Purchase and Sale
• Inclusions
• Exclusions
• Closing Process