I was unaware that dishwashers have changed somewhat over the last decade.
Here are a few changes;
- The electrical connection which used to be direct, now requires the installation of a plug. So, now it plugs in.
- The water connection which used to be direct, now requires the installation of a faucet. So, now it connects to the faucet.
- The previous dishwasher was affixed to the top, to prevent it from sliding out. The new one just has some braces. They apply pressure and accomplish the same thing. But, they are not affixed.
- The old dishwasher required a good deal of pushing to set it in place. The new one has wheels to allow it simply to roll into place.
Now, of course, the question. Is this a fixture or a chattel?
The new one doesn’t even require a tool to remove it, for those who believe that the “the tool is the rule”.
A built-in fridge is a fixture. A stand-alone fridge is a chattel. A roll-in fridge is a chattel. The mere fact that it may have a water connection is insufficient to create annexation.
The difficulty in this particular case is that “intention” to annex, which is THE test and to be determined on an objective basis is really not clear. So, for some period of time this “roll-in” dishwasher will fall within the grey area. That means if you want to take it with you, then you will have to exclude it, and if you are the buyer and want to ensure that it stays, then you will have to include it.
Brian Madigan LL.B., Broker