Wednesday, May 6, 2009
- Is a House a Chattel or a Fixture?
Is a House a Chattel or a fixture?
After a recent adventure to Barbados a couple of weeks ago I came across this article about Bajan homes and their unique styles throughout the island. I couldn’t help but notice the historic title of one; a chattel house!
Bajan homes were somewhat unique in the sense that way back during the time of slavery the helping hands were allowed to build a home on the land in which they looked after but they did not own the land itself so they had to be creative in how they built their homes. The Chattel house was built upon blocks of Coral for the foundation with a wooden structure and angles roofs. They would sometimes need to up root and move to the next plantation and because they didn’t own the land they still had a way to take their home with them, literally, hence evolved the name Chattel House.
So, one might ask what’s the difference between a chattel and a fixture in the first place? Now a chattel when buying or selling a home would be something that is tangible in nature, basically anything that you may pick up and take with you; such as a painting or a toaster on the counter. On the other hand a fixture is something that will be staying with the house such as a built in dishwasher.
Now in today’s sense of the word Chattel a house will always be considered a fixture. It is not something that you may take with you, the location of a home also reflects it’s value because the land you live on is fixed and cannot be moved. A comparable house on one side of the city might be considered higher in value than one located on the other side; all because of it’s location.
So the next time you are getting ready to move look around and visualize and think about what is considered a chattel and a fixture. If there is something of value that is affixed to the house that you are currently in and would like to take with you, it is always possible to write it into the listing contract so that the soon to be viewers will know that particular item will not be staying!
If you have any questions or comments about this blog please feel free to contact us!
~Trisha Bongers
posted in General
at Wed, 06 May 2009 10:19:38 -0700