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Our legal system divides most property into real property or personal property, a distinction that can be explained as a division between property that is land and property that is not. Some assets can be difficult to characterize, and this can cause confusion as to whether the Land Title Act or the Personal Property Security Act applies. Topics such as fixtures, money payments connected with land, securities with an underlying land component, and recommendations for amendments to clarify the application of the Personal Property Security Act in areas where doubt exists are examined.

Keywords: land; interest; real; personal; property; characterization; fixture; building; component; equipment; material; commercial; apparatus; security; instrument; money; obligation; debt; assignment; rent; payment; transfer; account; mortgage; debenture; bond; notice; priority; personal property security; Personal Property Security Act; Land Titles Act


Consultative Documents