CHAPTER XVII 



TREES, NURSERY EQUIPMENT AND SAWMILLS 

 AS FIXTURES 



169. Definition of Fixtures. In the administration 

 of the common law in England the doctrine of fixtures was 

 evolved. The principles which were developed there have 

 been applied in America except as statutory enactments 

 have required the courts to modify such principles. 



A fixture has been defined "as" a personal chattel sub- 

 stantially affixed to the land, but which may afterwards be 

 lawfully removed therefrom by the party affixing it, or his 

 representatives, without the consent of the owner of the 

 freehold." x Fixtures have also been defined as "things of 

 an accessory character, annexed to houses or lands, which 

 become immediately on annexation part of the realty it- 

 self. 2 It will be noted that these definitions are essentially 

 contradictory. The latter definition follows the earlier con- 

 ception of the common law, which was developed at a time 

 when realty was held in the greatest esteem. With social 

 and industrial development came a realization that the rule 

 quicquid plantatur solo, solo cedit, was harsh and impractic- 

 able as to things which were annexed to the land for business 

 purposes or for the personal convenience of a tenant, and the 

 theory of trade and domestic fixtures arose. Thus, although 

 the earlier name "fixtures," which had been used to indicate 

 that the personal chattels annexed to land had lost their 

 identity as movable chattels, was retained, the meaning of 

 the term was essentially reversed, and "fixtures" came to be 

 used to designate those things which could be removed, eveh 

 though they were attached to the realty to the extent which 



1. Black's Law Dictionary, 2d Ed. 1910, See Cook v. Whiting 16 111. 480; Teaff v. 



Hewitt 1 Ohio St. 511, 59 Am. Dec. 634. 



2. Wharton Law Diet. 7th Ed. 1883. See also American Statute Law. Stimson, 



Boston, 1886, Vol. 1, Sec. 2100. 



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