Sellers packing to move who have a screwdriver in their hands may be breaching a contract! When you sign the agreement to sell your home, the standard contract in use in the Okanagan states that "the Purchase price includes any buildings, improvements, fixtures, appurtenances and attachments thereto and all blinds, awnings, screen doors and windows, curtain rods, tracks, valances, fixed mirrors, fixed carpeting, electric, plumbing, heating and air conditioning fixtures and all appurtenances and attachments thereto as viewed by the Purchaser at the date of inspection......". On a careful reading, the question arises: - What is a Fixture? To answer using Legal Definitions, we would first state that we have two kinds of property: Real Property, that is, Land and buildings, hence the term Real Estate, and we also have Moveable Property, most often called Chattels. A Fixture is a special kind of chattel that has lost its moveable character and has become affixed to and has become part of some Real Property. Therefore, in law, Real Property includes land and affixed chattels (fixtures) and Moveable Property is everything else which is still moveable.

In the real world, the distinction between removable chattels and non removable fixtures is a little less clear. Some things are easy to classify, for example, furnaces and hot water tanks are fixtures and furniture and furnishings are chattels. Sometimes the very name by which we call thing helps us. For instance, light fixtures and bathroom fixtures are, in fact, fixtures, whereas moving vans are not! (Sorry, but I couldn't resist). Seriously, very few of us would attempt to load up the family bathtub and take it with us to the next home, but how many of you have been tempted to take that dining room chandelier, which is a light fixture, with you and replace it with something less dear to you?

Can you remove the "built in" vacuum cleaner power head that is hanging on the basement wall and leave the vacuum line hanging there? What about the bookcase that stands on its own feet but is screwed to the wall to prevent the kids from tipping it over?

Most legal cases on this subject have turned on the "Degree of Affixation" and "Purpose for Affixation", that is, whether the item is affixed in order to do its job, like the vacuum cleaner or furnace, or is affixed only incidentally to its operation, like the bookcase.

Everyone has an opinion about whether these items can be removed. Most would say "no" to the vacuum and "yes" to the bookcase, but will you and your purchaser share the same opinion? You would be surprised to learn how many vendors and purchasers have had angry words or law suits over things as simple as light switches, toilet seats, shelves and picture hangers that have been changed or removed after the contract has been signed.

If there is something that could possibly be in dispute, then the answer to avoid a problem later is to ensure that the removal of the item is dealt with in the contract. In fact, it would be even better to remove any such item before listing the home for sale in the first place. Then there can be no argument about what goes with the house. If you didn't do either, then the best advice is "if you need a tool to remove the item, get some legal advice before doing so!", otherwise you could be in breach of your contract too!