Abandonment

July 11, 2012

Law Day

A client called me not long ago to let me know that the sellers of the home she had bought had left some items behind. Her question: did she have to arrange for the new owner to retrieve them?

The general rule on items in the house is that chattels go unless they have been specifically included and fixtures stay unless they have been specifically excluded. So, if an item is left in the house that isn’t attached to the house, technically it’s not yours and you should try to return it. The practicality of this is not always easy, but you cannot assume that something is yours just because it’s still there.

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About Cesia

Cesia is a real estate lawyer at Wall-Armstrong and Green, a boutique law firm in Barrie focusing on real estate and estates. When she's not online, she can usually be found in her garden.

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