How is a piece of property treated when it is not otherwise attached to the land as part of the land?

Saskatchewan, Canada


The following excerpt is from Gregrik Investments Ltd. and Krisrik Investments Ltd. v. Clavelle, Staniec, Nabrun Holdings Ltd. and Prince Albert Credit Union Limited, 1982 CanLII 2402 (SK QB):

In Holland v. Hodgson (1872), L.R. 7 C.P. 328, it is said: Perhaps the true rule is 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, the onus of shewing that they were so intended lying on those who assert that they have ceased to be chattels and that, on the contrary an article which is affixed to the land even slightly is to be considered as part of the land unless the circumstances are such as to shew that it was intended all along to continue a chattel, the onus lying on those who contend that it is a chattel.

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