Remember the basic rules for fixtures and chattels: 1) if the item is not attached, it is presumed to be a chattel, 2) if the item is attached, it is …
Swimming Pool Liability
A Court imposed liability upon a swimming pool installer for improper advice. A mother who was the owner of an above ground pool acquired a slide from a private individual. …
Responsibility for the Missing Dishwasher
Here is a question that arises about once every two weeks: If the agent fails to include the dishwasher in the Agreement of Purchase and Sale, but told the buyer …
Ownership of Leasehold Improvements
There are some basic common law principles relating to ownership of leasehold improvements: · “Whatever is fixed to the freehold of land becomes part of it” · buildings constructed and …
The Building is a Fixture: No Municipal Taxes!
The Greater Toronto Airports Authority constructed a building at the Toronto International Airport known as “Pearson” which happens to be physically located in Mississauga. The federal government owns the lands. …
Furniture Included with Poorly Worded Clause
Question: In the Agreement of Purchase and Sale under Chattels Included, it states: “includes All the furnitures are included excluding staged furniture” In Schedule A, there is a reference as …
Chattels Defined
Recently, a buyer was concerned about an upcoming closing and was somewhat worried that the vendor was planning to take the garden shed with him. The buyer wanted to know …
Perimeter Fencing ~ Who Owns it?
That’s a good question and it’s not easy to figure out. Well, it starts out easy, but then fences fall down, get repaired or replaced and people move. So, eventually …
Line Fences Act: Very Limited Uses
Disputes between adjoining property owners would frequently arise and would be dealt with under the Line Fences Act. The Act deals with fencing, just fencing and who will pay. It …
The Red-Tagged Furnace and a Second Opinion
A case involving a major company and their consumer recently came to my attention. The large company provided annual maintenance services to the consumer. This has been the case for …