Executors of deceased estates may find themselves dealing with fixed property chattels and fixtures attached thereto. They may have to sell the assets and ask a sitting tenant to vacate. Although the deceased person could also have been a tenant themselves, and lived in rented property with their possessions for a long time.
Separating a Property From the Contents Therein
A piece of land, and any permanent improvements thereon, are a single object in terms of ownership and possession. This means that when you sell one, you transfer ownership of both. However, the distinction between property chattels and fixtures is not always so obvious:
- Property, as we have said, is land. This includes any permanent structures standing on it.
- But those buildings may also have fixtures attached to them, like plumbing, wiring and so on.
- Those attached items form part of the asset when land and buildings change owners.
- Everything else not attached to the land, remains the property of the previous owner or tenant.
Delving Into Property Chattels and Fixtures
We can loosely define chattels as personal possessions that we can touch and see, but are neither property nor fixtures. However, in reality there are grey areas between property chattels and fixtures. Take the cannon permanently mouldering away in this picture:
Is This a Chattel or a Fixture (Avery Estates)
- The cannon may have originally stood on the deck of a warship, held in position with chains and ropes.
- Therefore it was originally a chattel or loose gear belonging to, let’s imagine, the British Royal Navy.
- At some time in the more recent past, someone placed the cannon in the garden of a home in England.
- Although we don’t know whether that person intended the garden to be the cannon’s final resting place.
When we stumbled over the cannon in an unkempt back garden during a house clearance, we wondered whether the deceased owner had abandoned it to its fate. The intention behind the act can be the key to discriminating between property chattels and fixtures in law.
After a neighbour confirmed that the previous owner had left the cannon behind when they moved away, we concluded it had become a permanent feature of the property, that could not easily be moved.
Did This Mean a New Owner Had to Accept It?
Yes and no! Property is sold vacant in the UK. This means it is free of furniture, loose items, clutter, and debris unless the agreement of sale records otherwise. An executor of a deceased estate should always take care when dealing with chattels, particularly when property was previously tenanted.
These Items Are Clearly Chattels (Avery Associates)
The collectibles in our second photo above are clearly chattels, because we could pick them up and hold them while valuing them. In fact the owner intended us to do so, as she told us later when were chatting over our professional valuation.
Chattels and Fixtures and What the Law Says
The distinction between chattels and fixtures has occupied the minds of UK courts for centuries. At the end of the day they have concluded that the answer lies in what the owner intended.
The portrait hanging on the wall in our previous photo was draped loosely over a hook driven into the wall, and so remained an easily movable chattel. However, if it were attached with screws through the frame, then we could argue that the owner intended it to be a permanent feature.
Is This Pelmet Part of the House (Avery Associates)
Avoid Confusion When Selling Deceased Property
Building systems – for example plumbing and wiring – are permanently attached, and are thus clearly fixtures. The same logic applies to doors and windows. However, this is not always the case with light fittings, curtain rails, venetian blinds and so on. This is why it is wise to list these in an annexure to an agreement of sale.
There is no substitute for clear communication when negotiating any agreement, especially a property sale where a large sum of money is involved. An hour spent together discussing items is far better than having to hire lawyers later, to settle acrimonious disputes.
Valuing Property Chattels and Fixtures
Value is often in the ‘eye of the beholder’, although this is usually subjective. Real, accurate values are essential for inheritance tax, and for dividing estates in equal shares. Executors therefore need be careful to base these values on objective evidence, and not their ‘best guesses’.
Avery Associates provides open market valuations of chattels and collectible fixtures, as well as full-scale RICS assessments of properties and buildings. We are known in the market place for our written valuations, complete with objective evidence from previous, documented sales.
Please call us on freephone 0800 567 7769, or 0208 640 00 44 during business hours. Or, alternatively, email us at info@averyassociates.co.uk and we will call you back at the time you nominate.
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