Chattel Vs Realty Dispute

Summary

In Alberta, the classification of an item as chattel or real property depends on its attachment and intention of permanence. A chattel can become part of realty if it is permanently affixed to the land, thus becoming a fixture. If a future purchaser claims it as real property, they must provide clear evidence of permanent affixation. In disputes, the key factors are the degree of attachment to the land and the intention behind it. If a residence is used without alterations to affix it to the land, it may still be considered chattel. Legal advice is recommended for specific situations.

Full Conversation

A purchaser of a lot claims my chattel as real property.
In Alberta, the determination of whether an item is a chattel or a fixture (real property) depends on the degree to which the item is attached to the land and the intention behind its attachment.
- Chattel: Movable property not attached to the land.
- Fixture: Attached to the land so it becomes part of the real property.
Could you provide more details about the chattel in question and how it is attached to the property?
It was classified as a chattel by the village in a tax sale. Can a future purchaser of the lot say it is now real property and claim ownership.
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In Alberta, the classification of an item as a chattel or fixture depends on its attachment and intention of permanence. If a future purchaser claims it as real property, they must provide clear evidence that the chattel has been permanently affixed to the land.
Can you describe how the chattel is currently attached to the property?
By definition it is real property but sold as chattel.
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In Alberta, if the chattel was sold as chattel during a tax sale, its classification might depend on whether it was intended to be permanently affixed to the land.
- How is the chattel currently being used on the property?
- Has there been any modification to make it a permanent part of the property?
As a residence but no alterations to affix it to the land.
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It sounds like there is a dispute regarding the classification of a residence as either chattel or real property. In Alberta, the key factors are the degree of attachment to the land and the intention behind it.
Here are some general points to consider:
- Chattel: Movable property, not permanently attached to the land.
- Fixture: Permanently attached to the land, becoming part of the real property.
Since the residence is used as a residence but has no alterations to affix it to the land:
- It may still be considered chattel.
- The purchaser would need clear evidence of permanent affixation to claim it as real property.
Have you discussed this issue with a legal professional, or would you like more specific legal advice?