Ontario Real Estate Glossary
Chattels vs Fixtures
Chattels are movable items of personal property (fridge, washer, dryer, microwave) that do not stay with the property unless specifically included in the Agreement of Purchase and Sale. Fixtures are items attached to the land or building that stay with the property by default unless specifically excluded.
What is the difference between chattels and fixtures?
Chattels and fixtures are two categories of property that determine what stays and what goes when a home is sold. Chattels are movable items of personal property — fridge, stove, washer, dryer, microwave, free-standing furniture. They do not stay with the property unless specifically listed as inclusions in the Agreement of Purchase and Sale. Fixtures are items attached to the land or building in a way that makes them part of the real property — built-in dishwashers, hardwired light fixtures, ceiling fans, hot water heaters, water softeners. They do stay with the property by default unless specifically listed as exclusions in the APS.
The legal test
Ontario courts use a four-part test (sometimes called the "Stack v Eaton" test) to determine whether an item is a chattel or a fixture:
- Degree of attachment — is the item physically connected to the land or building, and how easily could it be removed?
- Object of attachment — was it attached for the better use of the item itself (chattel) or to improve the freehold (fixture)?
- Intention of the parties — what did the buyer and seller intend at the time the item was installed?
- Common practice — what would a reasonable person in the trade consider standard?
Cases turn on the second factor most often. A free-standing fridge is a chattel because it is attached only by an electrical cord (for the better use of the fridge). A built-in dishwasher is a fixture because it was installed to improve the kitchen.
Common items and their default treatment
| Item | Default classification |
|---|---|
| Free-standing fridge, stove, washer, dryer | Chattel — does not stay |
| Built-in dishwasher, microwave hood | Fixture — stays |
| Hardwired light fixtures, ceiling fans | Fixture — stays |
| Hot water heater (owned) | Fixture — stays |
| Hot water heater (rented from Reliance/Enercare) | Chattel — rental contract transfers |
| Window coverings (curtains) | Chattel — does not stay |
| Window coverings (blinds attached to frame) | Fixture — stays |
| Mounted TVs and brackets | TV is chattel, bracket is fixture — bracket stays |
The single biggest source of post-closing disputes in Ontario residential real estate is disagreement over what was supposed to stay. The fix is precise drafting in the APS.
Where this appears in your Humber program
Chattels vs fixtures is core content in Course 2: Residential Transactions under the Agreement of Purchase and Sale module. Inclusions and exclusions are exam-tested in offer-drafting scenarios and frequently appear in simulation papers.
Frequently asked questions
Is a fridge a fixture or a chattel in Ontario?
A standard free-standing fridge is a chattel — it is attached only by an electrical cord and was installed for the better use of the fridge itself, not to improve the freehold. It does not automatically stay with the property and must be listed as an inclusion in the Agreement of Purchase and Sale if the buyer wants it. A built-in fridge that is part of the cabinetry is a fixture and stays by default.
What are common examples of fixtures?
Common Ontario fixtures include hardwired light fixtures, ceiling fans, built-in dishwashers, microwave range hoods, central vacuum systems, owned hot water heaters, water softeners, alarm systems wired into the home, smoke detectors, garage door openers, and fitted blinds and shutters. Anything that is screwed, wired, plumbed, or mortared into the building is presumptively a fixture.
What does "chattels" mean in real estate?
Chattels in real estate are movable items of personal property that are not part of the building's structure. They include free-standing appliances, furniture, and any item that can be removed without damaging the property. Chattels do not automatically stay with the property when it is sold — they must be specifically listed as inclusions in the Agreement of Purchase and Sale to transfer to the buyer.
Who owns the rented hot water heater after closing?
A rented hot water heater in Ontario does not transfer to the buyer as either a chattel or a fixture — instead, the rental contract assignment transfers. The seller's APS schedule typically discloses the rental, and the buyer takes over the monthly rental payments after closing. Rental tank companies (Reliance, Enercare) handle the transfer administratively. Always confirm the rental status before closing because rental contracts can carry hidden buyout costs.
Practice this topic
ExamAce covers chattels vs fixtures classification scenarios, the Stack v Eaton test, and APS inclusion/exclusion drafting in the Course 2 question bank.
See it in practice
Walk through a realistic Ontario scenario where Chattels vs Fixtures matters — with the decision point, the correct move, and the pitfall.
Authoritative sources
Related terms
Agreement of Purchase and Sale
The legally binding contract under which a buyer and seller agree to a real estate transaction in Ontario, capturing price, deposit, conditions, irrevocability, and closing terms. The standard residential APS is OREA Form 100.
Caveat Emptor
Latin for 'let the buyer beware' — the common-law principle that a buyer of real estate is responsible for inspecting and confirming the property's condition, subject to the seller's narrow duty to disclose latent defects.
Encroachment
An unauthorized intrusion by one property onto a neighbouring property — a fence, deck, eaves, driveway, or structure that crosses a registered boundary line.