As part of the conveyancing process, it’s a good idea to know the difference between chattels and fixtures and ensure these are listed in your contract to avoid any disputes at a later time.

A Chattel often refers to parts of the property that are easily moveable and not necessarily “fixed” to the property. If it is a freestanding movable item and rests on its own weight, it is presumed to be a chattel. Take for instance white goods – sometimes you might include these items in the sale of the property, such as dishwashers or washing machines.

Fixtures are referred to as items that are more or less “fixed” to the property in some way by any means other than its own weight. Items like carpeting, gas stoves and satellite dishes. These items may not be removed so easily.

When negotiating your contract, any fixtures that are not included in the sale need to be specified, as these items are generally assumed to be included. Whereas chattels are assumed to not be included, therefore if any of these items are included in the sale, they will need to be noted in the contact.

Many items have been known to cause disputes, such as pool umbrellas, barbecue hotplates and even garden sprinkler systems. In cases where these disputes cannot be resolved, the persons involved find that the item of dispute costs less than the cost of bringing the battle to court.

With the best interest of all parties in mind, it is ideal to make sure these items are considered during the conveyancing process. At Marino Lawyers, we can help guide you through this process. Contact our experienced Conveyancing team for any assistance.