101 



FIXTURES. 



FIXTURES. 



102 



Flowers. 



Foldyard v. 



Fruit trees. 



Fuel-house. 



Glass wimlmv-. 



Hearth. 



Hedges. 



Improvements, permanent. 



Jibs. 



Keys. 



Locks. 



Millstones. 



Partitions. 



Pigeon-house. 



Pineries substantially fixed. 



Pump-house. 



Racks in stables. 



Strawberry beds. 



Trees. 



Waggon-house. 



Windows. 



2. List of things held to be Removeable by the Tenant (though not 

 Trade Fixtures) : 



Arras hangings. 



Barn set on blocks, &c. 



Beds fastened to ceiling. 



Bells. 



Bins. 



Blinds. 



Book-cases. 



Buildings set on blocks. 



Rollers, pillars, Ac. 



Cabinets. 



Chimney backs. 



Chimney-glasses. 



Chimney-pieces (ornamental). 



Cider i 



I'US. 



Clock-cases. 



Coffee-mill*. 



Cooling cuppers. 



Coppers. 



Cornices (ornamental). 



Cupboards. 



Dutch barns. 



Furnaces. 



Furniture, fixtures put up as. 



Granary nn pill.-nx. 



Grates. 



Hangings. 



Iron backs to chimneys. 



Iron chests. 



Iron malt-mills. 



Iron ovens. 



Jacks. 



Lamps. 



Looking-glasses. 



Malt-mills. 



Marble chimney-pieces. 



Marble slabs. 



Mash-tubs. 



Mills on posts. 



Mills laid on brick foundations. 



Ornamental fixtures. 



Ovens. 



Pattens, erections on. 



Pier-glasses. 



Posts. 



Presses. 



Pumps slightly attached. 



Rails. 



Ranges. 



Sheds. 



Shelves. 



Sinks. 



Slabs of marble. 



Stable on rollers. 



M.... ,. 



Tapestry. 



Tubs. 



Turret clocks. 



Vessels, &c., on brickwork. 



Wainscot, fixed by screws. 



Water-tubs. 



Windmill on jwste. 



3. List of Trade Fixtures decided or said to be Removeable by the 

 Tenant : 



Accessary buildings, that is,, 

 accessary to a removeable 

 utensil. 



Brewing vessels and pipes. 



Cider-mills. 



, IIS. 



Closets. 



Colliery machines. 



Coppers. 



Counters. 



Ih-l . 



I 'nuvers. 

 Dutch barn . 



Hes. 



Fire-engines. 

 Fruit trees planted by nursery- 



men. 

 Furnaces. 

 Gas-pipes. 



Iron safes. 



Machinery, let into i 



steps ol timber, or fixed witli 

 screws to the floor or to 

 sockets of lead let into the 

 stonework of the building. 



Partitions. 



Plants and pipes of brewi rs, 

 distillers, &c. 



Presses. 



Pumps. 



Reservoirs. 



Salt pans. 



Shelves. 



Shrubs planted for sale. 



Soap works, fixtures in. 



Steam-engines. 



Stills. 



Trees planted for wile. 



Varnish-house. 



Vats. 



There arc also certain fixtures as to which the right of removal is 

 unsettled, but has been the subject of discussion, in determining some 

 of the cases already referred to ; of the doubtful articles the subjoined 

 is a list : 



Brick-kilns. 



Frames in nursery-grounds. 

 Furnaces in smelting I 

 and glass-houses. 



i in nursery-grounds, 

 n-houses. 

 Hot-h" 

 Lime-kiln-. 



Malting-floora, stoves, &c. 



Pavements. 



Sheds. 



Storehouses. 



Tables, fixed or dormant. 



Verandahs. 



Wind or water mill*. 



Workshops. 



It must not however be assumed that no circumstances can except 

 the enumerated articles from the decisions respecting them. The 

 peculiar circumstance* of each case, the state or position of the 

 fixtures in question, and the consideration of the degree of injury to 

 be caused by their removal, are so much regarded by the courts that 



otlie 



few decisions can be regarded as absolute authorities for 

 even with respect to fixtures of a similar description. 



The general rule is, that a tenant must remove his fixtures before 

 the expiration of his tenancy, or during such time as he continues in 

 possession under a right to consider himself as tenant, for he is not at 

 liberty to insist on his claim afterwards. And if the interest of the 

 tenant is of uncertain character, as of a tenant strictly at will, or pur 

 autre fie, it is the common opinion that he will be entitled to a 

 reasonable time after the determination of his tenancy to remove his. 

 fixtures. 



The rights both of landlord and tenant with respect to fixtures are 

 frequently modified and controlled by the terms of the demise, 

 according to the general principle that parties may, by entering into 

 a special contract, vary their legal rights with respect to each other. 

 Thus, a covenant by the tenant to keep in repair all erections and 

 buildings erected and built, " and thereafter to be erected and built," 

 and to surrender them at the end of the term, will preclude him from 

 removing erections put xip by himself, and which, but for the covenant, 

 might have been legally removed as trade fixtures. And therefore a 

 tenant, before severing an article from the freehold, must consider his 

 right not only under the general law of fixtures, but as it may be 

 affected by an express or implied covenant in his lease. 



It should be observed, that any erection or building, whatever be its 

 purpose, and however substantial it be in itself, unless it be affixed to 

 the freehold according to the definition of a fixture before given, will 

 not belong to the landlord at the end of the term. Thus, if the tenant 

 erect a barn, granary, stable, or other building upon blocks, rollers, 

 pillars, or the like, the landlord will not be entitled to it as part of his 

 freehold. The tenant may therefore, by adopting appropriate modes 

 of construction, make many valuable additions to his premises without 

 losing his property in them, and at the same time avoid the effect of a 

 covenant to repair erections which are put up by him during the 

 term. 



2. As to the law of fixtures between tenants for life or in tail, or 

 their personal representatives, and the remainder-man or reversioner. 



There are only few cases in which the claims of tenants for life or 

 in tail to fixtures have come before the courts ; but it appears generally 

 from the authorities, that fixtures set up either wholly or partially for 

 the purposes of trade form part of the personal estate of a tenant 

 for life or in tail, and are excepted out of the general rule in favour of 

 the inheritance ; and it may be inferred from the analogy of decisions 

 in cases between heir and executor, that the exception will extend to 

 certain articles put up for ornament or convenience, provided they are 

 not united to the freehold by any permanent or substantial mode of 

 annexation. 



It is necessary to distinguish between the rights of tenants for life 

 and in tail under the law of fixtures from those which they possess 

 under the general principles of tenure as incident to their estates. A 

 tenant in tail, by reason of the nature of his estate, may, independently 

 of the law of fixtures, remove any thing he has affixed to the premises. 

 A tenant for life, again, is not in general entitled to commit any kind 

 of waste; but if he holds his estate irlt/nnii myeattmnt ;/' > :ttc, he 

 possesses powers arising out of his estate similar to those of the tenant 

 in tail. [WASTE.] But in either case those powers must be exercised 

 during the life of the tenant, as they cease at his death, and nothing 

 survives to his representative except his right under the law of 

 fixtures. 



Ecclesiastical persons are considerered as tenants for life of their 

 benefices, and the rights of such persons or their representatives with 

 respect to annexations made by them to thu freehold resemble very 

 nearly those of other tenants for life. 



3. As to the law of fixtures between heir and executor. 



There appears to be more uncertainty in the doctrine of fixtures as 

 between the heir and the executor, than between any other class of 

 persons. In the early periods of the law, the rule that whatever was 

 affixed to the freehold should descend to the heir as parcel of his 

 inheritance, was rigidly adhered to, and even in later times the deci- 

 sions and dicta of the judges upon the subject are by no means easy to 

 reconcile. It may however be inferred from them generally, that as 

 between the heir and executor trade fixtures and' fixtures erected 

 partly for trade and partly for other purposes, are part of the personal 

 estate. This will be the case when the fixtures have been put up for 

 the purposes of a trade which is merely personal, and has no connection 

 with the land, and even in some cases, as that of Cider-mills (see 3 

 Atk. 14), where the trade is connected with the profits of the land; 

 but if the property in question is absolutely essential to the value and 

 enjoyment of the land, as was decided with respect to Salt-pans (1 H. 

 BL, 260, .), it cannot be removed by the executor, but will descend to 

 the heir as part of the inheritance. There are tv >me articles put up for 

 ornament or domestic use to which the executor has been held entitled, 

 such as pictures, mirrors, hangings, cornices, &c., where the degree of 

 annexation is slight, and the freehold will not be much deteriorated by 

 the removal. 



In questions with respect to fixtures, whether between landlord and 

 tenant, tenant for life or in tail and the person entitled in remainder or 

 reversion, or between heir and executor, much will frequently depend, 

 not only upon the nature of the article, but also upon its construction, 

 and the mode of its annexation to the freehold. The rule sa to sere- 



