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NSW Selling My Property - What's Considered a Fixture?

Discussion in 'Property Law Forum' started by Dennis, 4 December 2014.

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  1. Dennis

    Dennis Member

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    Hi. I'm selling my house. I wanted to know whether or not garden hoses are considered fixtures under Property Law, that are normally included with the house?

    What if the hoses are "attached" to the house via a wind up type fitting? In this case, are both the attachment and hoses considered fixtures, neither or one or the other?

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Dennis,

    I would say no, your garden hose is not a fixture. Fixtures to property are things that are attached to the land or a building in such a way that it comprises an irremovable part of the property. Typically in a home they will include hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher.

    Since a hose can easily be unplugged and removed I doubt it would fall into this category. However the hose is hung on an immovable coiling mount attached to the house then that mount will be considered a fixture.
     
  3. Paul Cott

    Paul Cott Well-Known Member

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    Hi Dennis,

    Yes I would agree with Sophea.

    The question as to what is a fixture or not can be tricky. You have to consider the degree of attachment the item has to the land, the purpose of the attachment of the item (and the purpose of the use of the item itself) and the length of time of attachment. Other relevant things can include any damage that may occur if or when the item is removed.

    A hose I would think would be very unlikely to be a fixture. The attachment is perhaps slightly more likely a fixture, considering the above things.

    Also the vendor and purchaser can agree on what is or is not included in a sale.

    Hope that helps -
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Dennis,

    I agree with the above. A garden hose would rarely be considered a fixture. I do not know of any instances where it has been.

    The items that are usually contentious in this area are air conditioners (stand-up or fixed through the wall or with metal guides drilled into the walls/windows), statues and paintings that are directly installed into the building, and other made-to-measure furniture that is custom built for the building.
     

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