bien immeuble par destination

Traductions

• anglais

  Auteur : Office québécois de la langue française, 1995

  Définition

  A chattel that has been so brought into or annexed to realty (as a house) that it may be regarded as legally a part of it usu. depending upon such considerations as whether it may be removed without irreparable damage, whether the parties (as landlord and tenant) regarded or are presumed by law to have regarded it as removable, whether its annexation was intended to be permanent and to further the purposes for which the structure is designed, or whether its annexation is really necessary to the contemplated use of the structure or only ornamental or convenient.
  
  An article that was once personal property but has been so affixed to real estate that it has become real property (such as stoves, bookcases, plumbing, track lighting, and tile).

  Note :

  If an article is determined to be a fixture, it passes with the property even though it is not mentioned in the deed. When a fixture is wrongfully removed from property, damages are generally measured in terms of the value of the fixture as part of the realty, not the price the fixture would command on the open market after removal. An exception to the fixture rule is made for trade or tenant fixtures. A business tenant can normally remove trade fixtures at the termination of the lease because the courts reason that the parties did not intend that the tenant's fixtures would become a permanent part of the building. The trade fixture rule applies only to those articles installed by the tenant and not to those installed by the landlord. If the tenant fails to remove his or her fixtures, the landlord takes title to the abandoned property. The question of whether or not an item is a fixture, and thus part of the real estate, arises in several cases : in determining real estate value for tax purposes; in determining whether or not a real estate sale included the item or items in question; in determining whether or not the item in question is part of the security given by a mortgagor to a mortgagee; in determining the ownership of the item in question when the lease is terminated; and in determining coverage under a hazard insurance policy that excludes personal property items.

  Termes :

  1. fixture
  2. immovable fixture
  3. immovable by destination
  4. immovable by fixture
  5. immoveable by destination