What is the effect of annexation on the relationship between mortgagor and mortgagee?

Nova Scotia, Canada


The following excerpt is from Messenger (Re), 2014 NSSC 4 (CanLII):

The following comment limited to the relation between mortgagor and mortgagee was made in Haggert v. The Town of Brampton (1897), 1897 CanLII 14 (SCC), 28 S.C.R. 174: In passing upon the object of the annexation, the purposes to which the premises are applied may be regarded; and if the object of setting up the articles is to enhance the value of the premises or improve its usefulness for the purposes for which it is used, and if they are affixed to the freehold even in a slight way, but such as is appropriate to the use of the articles, and showing an intention not of occasional but of permanent affixing, then, both as to the degree of annexation and as to the object of it, it may very well be concluded that the articles are become part of the realty, at least in questions as between mortgagor and mortgagee.

Other Questions


What is the effect of a police caution on the admissibility of a confession? (Nova Scotia, Canada)
What is the cost and delay of a new application in a different way than a streamlined, more cost-effective application? (Nova Scotia, Canada)
What is the effect of a motion to strike or strike portions of an affidavit from a party in a civil matter? (Nova Scotia, Canada)
What is the effect of a mobility issue in a divorce? (Nova Scotia, Canada)
What is the effect of a bill of sale of chattels in a place of business? (Nova Scotia, Canada)
What is the effect of the Chief Justice's "obiter dicta" remarks? (Nova Scotia, Canada)
Is there any case law where a child unilaterally ends a relationship with one parent without any apparent reason? (Nova Scotia, Canada)
What is the effect of Stage Two analysis on property division provisions of a marriage agreement? (Nova Scotia, Canada)
What is the effect of an order binding parties? (Nova Scotia, Canada)
How have courts dealt with a mortgage that purported to cover goods that may not be owned by the mortgagor? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.