Jonathan, a salesperson in Waterloo, is preparing an Agreement of Purchase and Sale for his buyer client, Emily. The property Emily is purchasing includes a detached garage. During the showing, Emily noticed that the garage contained a workbench securely bolted to the floor and several large, potted rose bushes in the garden. Which of these items would generally be considered real property and likely included in the sale without specific mention?

Question: Jonathan, a salesperson in Waterloo, is preparing an Agreement of Purchase and Sale for his buyer client, Emily. The property Emily is purchasing includes a detached garage. During the showing, Emily noticed that the garage contained a workbench securely bolted to the floor and several large, potted rose bushes in the garden. Which of these items would generally be considered real property and likely included in the sale without specific mention?

Answer options: ✅ The workbench, due to its secure attachment to the garage floor.

• The potted rose bushes, as they are located on the land.
• Both the workbench and the potted rose bushes.
• Neither the workbench nor the potted rose bushes.

Correct answer: The workbench, due to its secure attachment to the garage floor.

Explanation: The workbench is considered a fixture because it is securely bolted to the floor, indicating an intention to be a permanent part of the real property. Potted plants, conversely, are typically chattels unless planted in the ground, in which case they might become fixtures if intended to be permanent, as per the legal tests for fixtures and chattels.