Is a trailer used as a temporary office on a trailer court a fixture?
Alberta, Canada
The following excerpt is from Plaza Equities Ltd. v. Bank of Nova Scotia, 1978 CanLII 804 (AB QB):
In Clifford v. Epsten (1951), 234 P. 2d 687 (District C.A., California), a mobile home used as a temporary office on a trailer court was held not to be a fixture. Mussell J., speaking for the majority, at pp. 689-90 gave the following reasons: “The finding that the trailer was a part of the real property is not supported by substantial evidence. The evidence shows that the trailer in question was a mobile unit similar to the 40 others situated on the premises; that it was not attached to the realty; that water and electrical connections, consisting of hose and tubing, were detachable in two minutes; that there was no permanent plumbing; that a sign reading ‘office’ was attached to a post in the ground near the trailer; that the trailer was used temporarily as an office and home for the manager; that a permanent building regularly used for an office up to September, 1949, had been moved away, leaving an adjacent permanent building adaptable for the same use; that the trailer in question was for sale at all times.”
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