Part 6 — Special Seizure Mechanisms
53 Fixtures
following applies:
(a) a fixture may be seized a nd sold as personal property
(i) in the circumstances s et out in clause (b), or
(ii) as authorized by the Court;
(b) a fixture that is bound by a writ may be seized and sold in
accordance with Part 5 if
(i) the fee simple interest in the land to which the fixture is
affixed is not beneficially owned by the enforcement
debtor, and
(ii) any interest in the fixture of a person who has an interest
in the land is subordinate to the writ;
(c) an agency that seizes a fix ture must serve on each person
who appears on the records of the Registrar of Land Titles,
at the time the notice is given, to have an interest in the land
a notice containing
(i) a description of the seized fixture and of the land to
which it is affixed,
(ii) the amount for which writs are alleged to have priority
over the person's interest in the fixture, and
(iii) a statement that the fixture may be removed and sold
unless the amount referred to in clause (g) is paid on or
before a specified date that is not less than 15 days from
the day that the notice is served;
(d) the notice given under clause (c) may be served in
accordance with this Act or by registered mail addressed to
the address of the person to be notified as it appears in the
records of the Registrar of Land Titles;
RSA 2000
(e) a person who is entitled to receive a notice under clause (c)
may apply to the Court for an order postponing removal of
the fixture from the land or for the determination of any
issue relating to the seizure;
(f) if a fixture is seized and r emoved, any person other than the
enforcement debtor who had an interest in the land at the
time that the fixture was affixed to the land
(i) is entitled to reimburseme nt from the agency for any
damage to that person's interest caused during the
removal of the fixture, but
(ii) is not entitled to reimbursement for diminution in the
value of the land caused by the absence of the fixture or
the need to replace it;
(g) any person with an interest in the land to which a fixture is
affixed may retain the fixture by paying to the agency the
lesser of
(i) the amount for which the pe rson's interest in the fixture
is subordinate to any writs, and
(ii) the market value of the fixture;
(h) if the appropriate paymen t is made to the agency under
clause (g), the fixture ceases to be bound by any writ against
the enforcement debtor.
1994 cC-10.5 s53