English Land Law. 
3Sl = 115 
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 
isuch 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 and machinery, unlike buildings, are not Machinery, 
named among any one of the three classes of improvements, 
but are more properly treated as fixtures ; and the distinction in 
he 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 therefore 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, still 
applies to improvements as well as fixtures. Being annexed to Landlord s 
the land, both become the property of the landlord upon pay- 
ment 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 else- 
where." The landlord may take them at his option. 
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 Landlord's 
Holding's Act dispenses with the necessity of procuring: the '^""^f.'^'^ *® 
I « , . J X O GrGCtlOD of 
landlord's previous consent for affixing to the holding this class unnecessary, 
)f fixtures, steam-engines excepted. In the absence, be it always excepting 
mderstood, of express agreement, or of written exclusion of the steam-engines. 
let from the contract of tenancy, an agricultural tenant, whose 
iiolding exceeds two acres, may now affix to his holding " any 
engine, machinery, or other fixture, lor which he is not under 
his 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 
onant, and be removable by him, upon the following conditions' 
§53):- 
1. Before removing any fixtures, the tenant must pay all rent Conditions of 
)wing by him, and perform all other obligations to the landlord femoval by 
n respect of the holding. The landlord, in fact, has a lien 
ipon the fixtures for the amount of rent or compensation. 
I 
