The Agricultural Holdings (England) Act, 1875. 
179 
nises, or to create a valid claim to compensation under the new 
Act. So, also, the tenant, before erecting any steam-engine, 
jnust still give the landlord written notice of his intention. 
If the landlord assents, or is even silent, the tenant may go on, 
and his rights under the Agricultural Holdings Act will then 
arise in respect of the steam-engine. If, however, the landlord, 
on receiving notice of the intention to erect a steam-engine, 
objects, in writing, to such erection, the tenant will proceed at 
his own risk ; the new Act will no longer protect him ; and his 
rights, whatever they may be, will depend upon custom or 
otherwise (§ 53, concluding sub-sect.). 
Engines, Machinery, Sfc. — Engines and machinery, unlike 
buildings, are not found among any one of the three classes of 
improvements, but are more properly treated as fixtures ; and 
the distinction in the Act between the two kinds of interests 
created by the tenant, and here recognised by the Legislature, 
is that the specified improvements in classes one, two, and three, 
are treated as inseparably annexed to the soil, as in fact they 
are — buildings, to a modified extent, excepted — and as there- 
fore properly the subjects of compensation by the owner of the 
soil ; while fixtures are removable, and need not necessarily 
therefore be the subjects of compensation. The old maxim of 
law, however, is still applied to both improvements and fix- 
tures. Being annexed to the land, both become the property of 
the landlord upon payment of their fair value. The tenant 
cannot pull down the buildings erected at his cost, and cart off 
the materials ; he cannot say of the fixtures, " I will not sell — 
I have a use for them elsewhere." The landlord may take them 
at his option. 
We have seen that the effect of the Act of 1851 was to give 
the tenant certain rights of property in engines or machinery 
erected at his cost, with the previous consent of the landlord. 
The Agricultural Holdings Act dispenses with the necessity of 
procuring the landlord's previous consent for affixing to the 
holding this class of fixtures, steam-engines excepted. In the 
absence, be it always understood, of express agreement, or of 
written exclusion of the Act from the contract of tenancy, an 
agricultural tenant, whose holding exceeds two acres, may affix 
to his holding, after February 14, 1876, " any engine, ma- 
chinery, or other fixture, for which he is not under this Act or 
otherwise entitled to compensation." These fixtures may be put 
up not only without the assent, but contrary to the express wishes 
of the landlord ; and, if they have not been so put up pursuant 
to some obligation, or instead of some fixture belonging to the 
landlord, they will become the property of the tenant, and be 
removable by him, upon the following conditions (§ 53) : — 
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