Is a mortgagor’s claim that the mortgagors’ home is not a mobile home?
British Columbia, Canada
The following excerpt is from Burlington Administration Group Ltd. v. Nikkel, 1979 CanLII 716 (BC SC):
There is some evidence that the mortgagors may have represented to various authorities that the dwelling was not a mobile home. This evidence however must be weighed in the light of the opinion expressed in the La Salle Recreations case, supra, at p. 345 [quoting Stack v. Eaton, supra, at p. 338]: ‘‘(4) That the intention of the person affixing the article to the soil is material only so far as it can be presumed from the degree and object of the annexation.”
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