The "Shake-the-House" Test: Chattel vs. Real Property (Explained Fast)

The "Shake-the-House" Test: What Counts as Chattel?

Here's a question that quietly ruins exam answers:

When you buy a house… are you buying the stuff inside it too?

Sometimes yes. Sometimes no.

The word that separates "stuff you take" from "stuff that stays" is:

Chattel.

---

The 20-Second Definition

Chattel means movable personal property.

Think: items that are not the land and not permanently part of the building.

In real estate language:

• Real Property = land + buildings + things attached in a permanent way
• Chattel = the movable "stuff" (personal property)

If you want the exam-level one-liner:

Chattel = personal property, not real property.

---

Why It Sounds Like "Cattle" (And Why That's Actually Helpful)

Yes—chattel sounds like cattle.

And historically, that's not a coincidence: in older societies, livestock (like cattle) was a major form of wealth—basically "property you can move."

So your brain can keep this shortcut:

Chattel = property you can walk away with.

(Like cattle… or a couch.)

---

The Memory Trick: Shake the House

Want a rule you'll remember under pressure?

Pick up the house. Turn it upside down. Shake it.

• If it falls out → Chattel
• If it doesn't fall out (because it's part of the structure) → Real Property

Examples that "fall out" (chattel):

• Sofa, dining table, beds
• TV (not wall-mounted as a built-in)
• Rugs, lamps
• Patio furniture
• Your car in the driveway

Examples that do NOT "fall out" (real property):

• Walls, roof, plumbing
• Built-in cabinets
• Built-in sink / toilet
• Central HVAC system

That's the mental model.

---

The #1 Exam Trap: Fixtures (The "In-Between" Category)

Here's where people get tricked:

Some things start as chattel but become real property when attached.

That category is called a fixture.

A fixture is basically:

Something that was movable, but is now attached and intended to stay.

Classic examples that are often treated as fixtures (so they "stay"):

• Built-in light fixtures / chandeliers
• Curtain rods
• Wall-mounted shelving
• Built-in appliances (depending on how installed and local practice)
• Attached mailbox

So the real exam question isn't only "movable vs not."

It's usually:

Is it attached in a way that makes it part of the property?

---

The Practical Rule in Real Transactions

Here's the real-world version:

If there's any doubt, the contract should spell it out.

Because buyers and sellers argue about the same items every year:

• "Does the refrigerator stay?"
• "What about the washer/dryer?"
• "Are those smart home devices included?"
• "That fancy wall-mounted TV… stays or goes?"

Your safest habit (and a sneaky exam hint) is:

Agreement controls.

If the purchase agreement lists it as included/excluded, that's the answer.

---

Your 10-Second Exam Cheat Sheet

If you see these keywords, your brain should snap to Chattel:

• personal property
• movable
• not attached
• can be removed without damage

If you see these keywords, your brain should snap to Real Property / Fixture:

• attached
• built-in
• permanent improvement
• intended to remain
• part of the real estate

And if the question mentions a dispute?

Look for: "What does the contract say?"

---

Sample Exam Questions

Question 1

A homeowner has a refrigerator in the kitchen that is not built-in. The refrigerator is considered:

A. Real property

B. A fixture

C. Chattel (personal property) ✓

D. An appurtenance

Explanation: A freestanding refrigerator is movable personal property (chattel), not attached to the real property.

Question 2

Which of the following is generally considered a fixture?

A. A throw rug

B. A freestanding bookshelf

C. A ceiling fan that is wired into the electrical system ✓

D. A potted plant on the patio

Explanation: A ceiling fan wired into the electrical system is attached and intended to remain, making it a fixture.

Question 3

The primary test for determining whether an item is a fixture or chattel is:

A. The cost of the item

B. The size of the item

C. The method of attachment and intent ✓

D. The age of the item

Explanation: Courts look at how the item is attached and whether it was intended to be permanent.

---

Key Terms to Remember

---

Final Thoughts

If you remember only one thing, remember this:

Shake the house. What falls out is chattel. What stays is real property.

---

Practice More

Ready to test your knowledge? Try our practice questions:

• Property Types Practice Questions →
• Contracts Practice Questions →
• All Practice Questions →

Start your free trial and access all practice questions →