What is the test for determining whether a fixture is a chattel or a fixture?
British Columbia, Canada
The following excerpt is from Sparkle Beauty House Inc. v. Henderson Development (Canada) Ltd., 2021 BCCRT 577 (CanLII):
17. Under this test, the less permanently attached and more portable an item is, the more likely the item is not a fixture. Further, items attached to make the items function better are more likely to remain chattels, while items attached to improve the land are more likely to be fixtures. See for example Butterman v. Kilburn, 2020 BCCRT 613, which is not binding on me but which I find persuasive.
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