In a sale of land, items that are fixed to the property (fixtures) are sold along with the land - they automatically pass with the property. Items that are not fixed (chattels) do not pass with the property.
"Thank you for the property law lesson, Jonathan, but what has this got to do with me?", I hear you ask. Well, it is an important consideration in how the Contract should be drafted in a conveyancing transaction. If something is a fixture but you want to take it with you when you vacate the property, then this item needs to be "excluded" in the Contract. This means that it will not pass with the property when the keys are handed over.
What many people selling their property forget to think about, is that unless a chattel has been specified as an inclusion in the Contract, your cant't just leave it at the property for the new owners (unless of course they agree to you doing so). Leaving wardrobes, old fridges etc may seem like a generous gesture, but chances are the purchaser will see them during their final inspection and want them removed before they settle. The last thing you want as a vendor, is to have settlement held up because of a cupboard left in the second bedroom.
If there are furniture or other items that you don't want to take with you when you move, then make sure these are listed as inclusions in the Contract.
Jonathan Marquet
Emil Ford & Co.
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