chattel fixtures common law principles of real property apply: Basic Common Law Rules For Chattels and Fixtures
- 09/21/09 12:51 PM
Basic Common Law Rules For Chattels and Fixtures
By Brian Madigan LL.B.The basic common law rules utilized to determine if an item is a fixture were set out in the Ontario case, Stack v. Eaton (1902) 4 OLR 335 (O.C.A.) as follows:"(1) That articles not otherwise attached to the land than by their own weight are not to be considered as part of the land, unless the circumstances are such as to shew that they were intended to be part of the land.(2) That articles affixed to the land even slightly are to be considered part of the land unless … (2 comments)
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chattel fixtures common law principles of real property apply: Is the Garden Shed a Chattel?
- 09/20/09 06:34 AM
Is the Garden Shed a Chattel?
By Brian Madigan LL.B.Recently, a reader was concerned about an upcoming closing and was somewhat worried that the vendor was planning to take the garden shed with him. The buyer wanted to know whether the vendor could take the shed and what other things might be considered to be chattels.In this case the answer is not entirely clear. It all depends on the shed, its purpose and the degree to which it is affixed to the property.A chattel is a moveable object that has not been "annexed" to the property in a legal sense.A … (4 comments)
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chattel fixtures common law principles of real property apply: Leased Heating Equipment: Chattel or Fixture?
- 03/25/09 01:39 AM
Leased Heating Equipment: Chattel or Fixture?
By Brian Madigan LL.B.The Ontario Court of Appeal recently quoted with approval a decision of the House of Lords (Melluish). In this case, a company leased plant and machinery (including central heating equipment) to a housing authority for installation in its subsidized townhouses which were then leased to tenants.The Court of Appeal considered this case when making its decision in the City of Mississauga v. GTAA.The equipment leases between the company and the owner/landlord provided that the leased equipment would remain personal or moveable property that the company would continue to own it, notwithstanding … (0 comments)
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Basic Common Law Rules For Chattels and Fixtures 
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