Real property consists of land and anything permanently attached to it — like a house, garage, or dock. Personal property refers to movable items that aren’t permanently attached — like furniture, appliances, or décor.
When buying or selling a home near Lake Marion, knowing what’s included in the sale — and what’s not — can prevent costly confusion.
For example, is the hot tub included? What about the washer and dryer? The difference between real and personal property determines what stays and what goes at closing.
What Counts as Real Property?
Real property includes:
- The land itself
- The house or structure permanently built on the land
- Fences, sheds, and garages (if attached or permanently affixed)
- In-ground pools, septic tanks, wells
- Docks or piers (if legally permitted and attached)
If something is permanently attached to the land or buildings and removing it would cause damage or alter the property’s function, it’s likely considered real property.
Example: A Lake Marion home with a custom-built dock and boathouse — these would be considered part of the real property, assuming they’re permitted and attached.
What Counts as Personal Property?
Personal property (also called “chattel”) includes:
- Furniture (sofas, beds, dining tables)
- Freestanding appliances (refrigerators, washers/dryers)
- Electronics (TVs, computers)
- Decor items (curtains, rugs, artwork)
- Outdoor items not fixed in place (grills, patio furniture)
These are items the seller typically takes with them when they move. However, misunderstandings can arise if items were pictured in listings or shown during showings.
Tip: If there’s any doubt, include personal property items in the sales contract to avoid surprises.
What Happens If There’s a Dispute?
Disputes over what stays and what goes are more common than you think. That’s why:
- The sales contract should clearly list included and excluded items
- Real estate agents should walk through the property with buyers/sellers to confirm expectations
- Photos in the MLS or ads should not be used as guarantees
Example: If a high-end wine fridge is built into a kitchen island, is it real or personal property? The answer may depend on whether it’s affixed or just placed there — and should be clarified in writing.
In South Carolina, courts often use the “fixture test” to decide:
- Is the item attached?
- Was it intended to be permanent?
- Will removing it damage the property?
The more “yes” answers, the more likely it’s real property.
How Carolina Properties Helps Avoid Surprises
At Carolina Properties at Lake Marion, we believe your home sale or purchase should be clear, simple, and dispute-free.
Here’s how we help:
- Review every contract to confirm what’s included and what’s not
- Advise sellers on how to stage and label personal property during showings
- Guide buyers on negotiating for high-value items like boats, furniture, or appliances
- Prevent surprises at closing by double-checking walk-throughs and disclosures
Working with a local pros like Carolina Properties ensures that Lake Marion homes are marketed and transferred with full transparency.
FAQ: Real vs. Personal Property in Real Estate
Q: Are appliances real or personal property?
It depends. Built-in appliances (like ovens or dishwashers) are usually real property. Freestanding units may be considered personal.
Q: Can a seller take fixtures when they move?
Only if it’s clearly excluded in the contract. Otherwise, fixtures are expected to stay.
Q: Is a dock on Lake Marion considered real property?
If it’s permanently installed and permitted, yes. Temporary or floating docks may be personal property.
Q: What if something was pictured in the listing but isn’t included?
Photos don’t determine ownership. Only the written contract matters.
Q: Can buyers request personal property in the offer?
Yes. Items like patio furniture, boats, or even decor can be negotiated into the sale — just be sure it’s in writing.
Know What You’re Getting — or Letting Go
Real estate deals don’t just involve land and buildings — they involve expectations. At Carolina Properties at Lake Marion, we:
- Clarify what’s included in your contract
- Help avoid last-minute disputes about fixtures or furnishings
- Guide you through South Carolina rules on real vs. personal property
- Work with appraisers, lenders, and attorneys to ensure a clean closing
Call Carolina Properties Today for expert guidance on what’s included — and how to protect your investment.