HAVING covered the
dtillating and lurid
topic of subject clauses
last week, we are going
to continue in a legai
vein today and look at
fixtures and chattels,
restrictive covenants and
haunted houses.

When a home is sold, fix-
tures are things thar stay with
the house and chattels cre
things that the owner can take
when she leaves.

How are these things
defined? Basically, a fixture is
something that is attached to
a home such as an ironing.
board which is built into the
wall. A chattel is something
thar is unattached, except by
its own weight, such as your
‘husband.

Scriously, a sterco speaker,
mounted on brackets that are
attached to a wall, would be a
chattel but the brackets them-
_ Selves would be a fixture. An
item such as a telephone or a
_ computer that can be
removed by simply unplug-
ging it from an outlet or jack
is.a chattel, while the outler
_ and the jack themselves, are
’ fixtures.

If you think these defini-
‘dons vould lead tu all kinds of
_ disputes and lawsuits you are
absolutely right. Vendors have
_béex known to take kitchen
islands, storage sheds and cen-
_.tral vacuum units when they
“move from their home, ¢
though the purchaser thought
these things would stay with
‘the home. =:

There have been lawsuits
-over the rentoval of pictures
that were screwed onto the
wall; Jer: “cooktops, ©

arage door openers and.

wood stoves. In cach of these

ses both the vendor and the»

urchaser claimed the items to
be theirs and the dispute

ended | up is court. Unless

your primary goal in life is to
generate employment for
lawyers and judges, you don’t
want this happening to you.

In fact there is a simpic
way co avoid getting inte uhis
sort of 2 hassle when you are
buying or selling a home and
that is to specify, in the con-
tract of purchase and sale,
which items stay and which
items go. You don’t have to
itemize every single item in
the home because the stan-
dard Real Estate Board

Contract of Purchase and Sale

specifies a whole list of items

that are to stay with the home

including blinds, awnings,
screen doors, curtain rods, °
fixed mirrors, fixed carpettng
etc. Furthermore there is a,
space set aside on the contract
to list both the inclusions and
exclusions in the sale. So in

making the offer it is a simple ~

matter for the purchaser ta,
specify the inclusion of any.
items that he thinks should be
inchs ’ed and which might

“cause a dispute. The vendor

can then make any changes to
these items that she sees fit
and also list any exclusions in
the counter offer, and eventu-

“ally, in this way, an agreement |:

can usually | be reache
If this is done proper!

‘then there should be no dis- “
agreements about what is stay-

ing or going when the home
changes hands...

As for our second topic, a
restrictive covenant is a regi
tered charge on the title to’a

<4 property that imposes a

restriction on the use of the
For example there
restriction on the

iS in the detai

copies of them and under-
stand their impact before you
make an offer on any proper-

@eeeeveceeeseeesecensece

buyers sought damages trom a
vendor in a real estate deal
when they discovered that the

height of fene
or en the cutting of trees or Vv
location of improvements.

The importa

that you don’t want any sur-

prises. Make

‘or buildings ty.

and the nig!

nt point here is and darke

that sure your

realtor advises you as to the «Ss,

‘tence of any restrictive

Th

covenants and that you obtain « of cases in the U.S. where

NORTH Vancouver District méyor Bon Belt was recently joined by
to right), Cody Williams and Brandon Flores at the offic!

h Halloween just past
getting longer
tis an appropriate
time to address the issue of
real estate and haunted hous-

have been a number

y they bough: had
allegedly be scene of
murders and/or was a haunt-
ed property. The courts in
these cases generally seem to
agree that the purchaser is
entitled to recover damages if
he can prove that the murders
or the ghosts have materially

‘Bell and bladers

jal opening of the Ki

impaired the value of the
home.

Of course in Ireland it is
spected that any home over
100 years old will be haunted,
[fit isn’t then the vendor has

to explain why, or so Lam
told by an Irish acquaintance

of mine.
Canadians, as we know, are

See Hauntings page 89

‘ rolter. nosy enthusiasts Aterk
stone Parx Sporta

Karan Magnussen tennis courts. The sports court is to be a multi-use facility for ¥ hockey, lacrosss, b

and more.

, SPECIAL FEATURES:

Ceeereeseaveces.

INTERIOR SIZE: 4100 SQ. FT.

wecenevoerossessoerne

NUMBER OF BEGROOMS: 5

ecevereroscesen

: NUMBER OF FLOORS: 3

Pe eescvcsevescseces

ASKING PRICE: $659,000

~ OPEN HOUSE: Sunday 2- 4pm

Huge level ot
gorgeous fi fish beating stream.;°

This 8 year old traditional family home i is nestled-into an
absolutely gorgeous 3/4 acre bright level lot with its own’

beauty surrounds this estate and

. virtually ail rooms enjoy the fovely

southwest exposure. The: floor
pian is. super. mal i § bedrooms,