TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

NON-REMOVABLE FIXTURE [1 record]

Record 1 2013-03-06

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
OBS

(T)he true criterion of an irremovable fixture consists in the united application of several tests: 1st. Real or constructive annexation of the article in question to the realty; 2nd. Appropriation or adaptation to the use or purpose of that part of the realty with which it is connected; 3rd. The intention of the party making the annexation to make the article a permanent accession to the freehold, this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of the annexation and the purpose or use for which the annexation was made. Of these three tests, the clear tendency of modern authority seems to give pre-eminence to the question of intention to make the article a permanent accession to the freehold, and the others seem to derive their chief value as evidence of such intention. (Reiter, Risk & McLellan, 2nd ed., 1982, pp. 131-2)

Key term(s)
  • nonremovable fixture

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

accessoire fixe inenlevable : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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