Posted on September - 27 - 2010
Are Keys Chattels or Fixtures?
By Brian Madigan LL.B.
99% will reply that keys are a part of the house. In fact, they are part of the locking system for a house.
There are two parts:
1) the lock which is affixed permanently to the door, and
2) the key which provides access to the house by “unlocking” the lock.
So far, so good. No one seems to find it strange that the key is actually “detached”. It is not nailed, screwed or glued to the house in any way.
Yet, in a legal sense, it is affixed or annexed to the house.
If you buy a house, you get the key to the house, and it comes as a fixture.
So, why all the difficulty with other fixtures that are not nailed, screwed or glued?
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888 www.OntarioRealEstateSource.com
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