Fixtures v. Chattels: What Property Can I Take From My Home and What Must Stay Michael T. Sawyier
Q.
I am going through a foreclosure and I was wandering if I can take the appliances that came with the house when we bought it?
-- Anonymous
A.
Personal property located in a home is classified as one of two things: a fixture or a chattel. Generally, fixtures are items of personal property that have become affixed or fastened to the land or building and that enhance the utility of the property so as to be regarded as part of the land itself. For example, a fireplace, track lighting systems, and built-in cabinets are all fixtures. In a mortgage foreclosure, "fixtures" in the home are covered by the mortgage instrument itself and are likewise foreclosed upon.
Personal property that does not become affixed or fastened to the land or building is a chattel. A property owner can remove a chattel from the property without damaging the property or building. For example, a microwave or toaster is easily removable and is therefore a chattel. However, classifying items such as a dishwasher, dryer, refrigerator, or stove is not so straightforward. If a dispute were to arise about the proper classification of personal property, a court would consider the intent of the party who installed the personal property and the extent that the personal property is connected to the land or building.
