Maria is selling her acreage property just outside Edmonton. She has a custom-built, permanently installed hot tub on a concrete pad, connected to the property's main power supply by an electrician. She also has a portable, inflatable hot tub that plugs into a standard outdoor outlet. When she lists the property, she intends to take both hot tubs with her. Which hot tub is Maria generally legally entitled to remove without specific mention in the purchase contract?

Question: Maria is selling her acreage property just outside Edmonton. She has a custom-built, permanently installed hot tub on a concrete pad, connected to the property's main power supply by an electrician. She also has a portable, inflatable hot tub that plugs into a standard outdoor outlet. When she lists the property, she intends to take both hot tubs with her. Which hot tub is Maria generally legally entitled to remove without specific mention in the purchase contract?

Answer options:

• Only the custom-built, permanently installed hot tub. ✅ Only the portable, inflatable hot tub.
• Both hot tubs, as long as she owns them.
• Neither hot tub, as they both enhance the property's value.

Correct answer: Only the portable, inflatable hot tub.

Explanation: Under the concept of fixtures vs. chattels, items permanently affixed to the land or intended for its permanent improvement are considered real property (fixtures). An item that is portable and can be removed without damage to the property is typically a chattel (personal property). The custom-built hot tub is likely a fixture, while the portable one is a chattel.