In what circumstances will a piece of fittings become 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 Stack v. Eaton (1902), 4 O.L.R. 335, shop fittings consisting of shelving made in sections, each section being screwed to a bracket affixed to the wall of a building, the whole being removable without damage either to the fittings or the building, and gas and electric light fittings consisting of chandeliers which were fastened by being screwed or attached in the ordinary way to the pipes or wires by which the gas and electric currents were respectively conveyed and were removable by being unscrewed or detached without doing any damage to the chandeliers or the building and were placed in it by the owner of the freeheld land on which its tied, it was held that these articles become part of the land and passed by a conveyance of it to the defendants. This case stands for the proposition that the intention of the person affixing the article is material only so far as it can be presumed from the degree and object of the annexation.

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