See also:

• FIXTURES (Lat. figere, to fix)

FIXTURES (See also:

• LAT

Lat. figere, to See also:

• FIX, THEODORE (180o-1846)

fix)  , in See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, chattels which have been so fixed or attached to See also:

• LAND

land (as it is expressed in See also:

• ENGLISH

English law, " so annexed to the See also:

• FREEHOLD

freehold "), as to become, in contemplation of law, a See also:

• PART

part of it . All systems of law make a marked distinction for certain purposes, between immovables and movables, between real and See also:

• PERSONAL

personal See also:

• PROPERTY

property, between land and all other things . In the See also:

• CASE
• CASE, JOHN (d. 1600)

case of See also:

• FIXTURES (Lat. figere, to fix)

fixtures the question arises under which set of rights they are to fall—under those of real or of personal property . The See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general See also:

• RULE

rule of English law is that everything attached to the land goes with theland—quicquid plantatur See also:

• SOLO, OR SOLO WHIST

solo, solo cedit . This, like many other rules of English law, is all in favour of the freeholder; but its hardship has been modified by a large number of exceptions formulated from See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time to time by the courts as occasion arose . In See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to constitute a fixture there must be some degree of See also:

• ANNEXATION (Lat. ad, to, and nexus, joining)

annexation to the land, or to a See also:

• BUILDING

building which forms part of it . Thus it has been held that a See also:

• BARN

barn laid on blocks of See also:

• TIMBER

timber, but not fixed to the ground itself, is not a fixture; and the onus of showing that articles not otherwise attached to the land than by their own See also:

• WEIGHT

weight have ceased to be chattels, rests with those who assert the fact . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, an See also:

• ARTICLE (from Lat. articulus, a joint)

article, even slightly affixed to the land, is to be considered part of it, unless the circumstances show that it was intended to remain a See also:

• CHATTEL (for derivation see CATTLE)

chattel . The question is one of fact in each case—depending mainly on the mode, degree and See also:

• OBJECT

object of the annexation, and the possibility of the removal of the article without injury to itself or the freehold . In certain cases the courts have recognized a constructive annexation, when the articles, though not fixed to the See also:

• SOIL

soil, pass with the freehold as if they were, e.g. the keys of a See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house, the stones of a dry See also:

• WALL (O. Eng. weal, weall, Mid. Eng. wal, wane, adapted from Lat. vallum, rampart; the original O. Eng. word for a wall was wag or tenth)
• WALL, RICHARD (1694-1778)

wall, and the detached or duplicate portions of See also:

• MACHINES

machines . Questions as to the property in fixtures principally arise—(1) between landlord and See also:

• TENANT (from Lat. tenere, to hold)

tenant, (2) between See also:

• HEIR (Lat. heres, from a root meaning to grasp, seen in heres or erus, master of a house, Gr. xeip, hand, Sans. hat ana, hand)

heir and executor, (3) between executor and See also:

• REMAINDER, REVERSION

remainder-See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man or reversioner, (4) between seller and buyer . 1 .

At See also:

• COMMON

common law, if the tenant has affixed anything to the freehold during his occupation, he cannot remove it without the permission of his landlord . But an exception was established in favour of See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

trade fixtures . In a case before See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

Lord See also:

• HOLT, SIR JOHN (1642–1710)

Holt it was held that a See also:

• SOAP

soap-See also:

• BOILER

boiler might, during his See also:

• TERM

term, remove the vats he had set up for trade purposes, and that not by virtue of any See also:

• SPECIAL

special See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom, but " by the common law in favour of trade, and to encourage See also:

• INDUSTRY (Lat. industria, from indu-, a form of the pre, position in, and either stare, to stand, or struere, to pile up)

industry," and it may be stated as a general rule that things which a tenant has fixed to the freehold for the purpose of trade or manufacture may be taken away by him, whenever the removal is not contrary to any prevailing practice, or the particular terms of the See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract of tenancy, and can be effected without causing material injury to the See also:

• ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate or destroying the essential See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character of the articles themselves (See also:

• LAMBOURN

Lambourn v . M°Lellan, 1903, 2 Ch . 269) . Agri-cultural tenants are not entitled, at common law, to remove trade fixtures . But the Landlord and Tenant See also:

• ACT (Lat. actus, actum)

Act 1851 granted such a right of removal in the case of buildings or machinery erected by atenant at his own expense, and with his landlord's consent in See also:

• WRITING
• WRITING (the verbal noun of " to write," O. Eng. writan, to inscribe)

writing, provided that the freehold was not injured or that any injury was made See also:

• GOOD, JOHN MASON (1764-1827)

good, and that before removal a See also:

• MONTH
• MONTH (a common Teutonic word, cf. Ger. Mond, Du. maand, Dan. maaned, &c., and cognate with Lat. mensis, Gr. µi7v, &c., in other branches of the Indo-Germanic family; all ultimately from the root seen in the word for the moon in nearly all those languages

month's written See also:

• NOTICE

notice was given to the landlord, who had an See also:

• OPTION (Lat. optio, choice, choosing, optare, to choose)

option of See also:

• PURCHASE

purchase . Under the Agricultural Holdings Act 1883 the tenant might, under similar conditions, remove fixtures, although the landlord had not consented to their erection . The Agricultural Holdings Act 1900 extended this See also:

• PROVISION (Lat. provisio)

provision to fixtures or buildings acquired, although not annexed or erected, by the tenant . Similar rights were created by the Allotments See also:

• COMPENSATION (from Lat. compensare, to weigh one thing against another)

Compensation Act 1887, and by the See also:

• MARKET (Lat. mercatus, trade or place of trade)

Market Gardeners' Compensation Act 1895 . All these provisions were re-enacted by the Agricultural Holdings Act 1908 . Again, ornamental fixtures, set up by the tenant for See also:

• ORNAMENT (Lat. ornare, to adorn)

ornament and convenience, such as hangings and looking-glasses, See also:

• TAPESTRY

tapestry, See also:

• IRON [symbol Fe, atomic weight 55.85 (0=16)]

iron-backs to chimneys, See also:

• WAINSCOT

wainscot fixed by screws, See also:

• MARBLE (from Lat. marmor, Gr. pApµapos, shining stone)

marble See also:

• CHIMNEY (through the Fr. cheminee, from caminata, sc. camera, a Lat. derivative of caminus, an oven or furnace)

chimney-pieces, are held to belong to the tenant, and to be removable without the landlord's consent .

Here again the extent of the See also:

• PRIVILEGE

privilege has been a See also:

• MATTER

matter of some uncertainty . In all these cases the fixtures must be remo\ed during the term . If the tenant gives up See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of the premises without removing the fixtures, it will be presumed, it appears, that he has made a See also:

• GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut. stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later English is due to Scandinavian influence)

gift of them to the landlord, and that presumption probably could not be rebutted by See also:

• POSITIVE (or PORTABLE) ORGAN

positive See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence of a contrary intention . His right to the fixtures is not, however, destroyed by the See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere expiry of the term, if he still remains in possession; but if he has once See also:

• LEFT

left the premises he cannot come back and claim his fixtures . In one case where the fixtures had actually been severed from the See also:

• FREE

free-hold after the end of the term, it was held that the tenant had no right to recover them . 2 . As between heir and executor or See also:

• ADMINISTRATOR

administrator . The question of fixtures arises between these parties on the See also:

• DEATH

death of a See also:

• PERSON, OFFENCES AGAINST THE

person owning land . The executor has no right to remove trade fixtures, set up for the benefit of the See also:

• INHERITANCE

inheritance . As regards ornamental See also:

• OBJECTS

objects, the rule quicquid plantatur solo, solo cedit was in See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early times somewhat relaxed in favour of the executor . As far back as 1701, it was held that hangings fixed to a wall for ornament passed to the executor; and, although the effect of this relaxation was subsequently cut down, it is supported by the decisions of the courts affirming the executor's right to valuable tapestries affixed by a tenant for See also:

• LIFE

life to the walls of a house for ornament and their better enjoyment as chattels (See also:

• LEIGH
• LEIGH, EDWARD (1602–1671)

Leigh v . See also:

• TAYLOR
• TAYLOR, ANN (1782-1866)
• TAYLOR, BAYARD (1825–1878)
• TAYLOR, BROOK (1685–1731)
• TAYLOR, ISAAC (1787-1865)
• TAYLOR, ISAAC (1829-1901)
• TAYLOR, JEREMY (1613-1667)
• TAYLOR, JOHN (158o-1653)
• TAYLOR, JOHN (1704-1766)
• TAYLOR, JOSEPH (c. 1586-c. 1653)
• TAYLOR, MICHAEL ANGELO (1757–1834)
• TAYLOR, NATHANIEL WILLIAM (1786-1858)
• TAYLOR, PHILIP MEADOWS (1808–1876)
• TAYLOR, ROWLAND (d. 1555)
• TAYLOR, SIR HENRY (1800-1886)
• TAYLOR, THOMAS (1758-1835)
• TAYLOR, TOM (1817-1880)
• TAYLOR, WILLIAM (1765-1836)
• TAYLOR, ZACHARY (1784-1850)

Taylor, 1902, App .

Cas . 157) ; and the same has been held as to statues and See also:

• BRONZE

bronze See also:

• GROUPS
• GROUPS, THEORY

groups set on pedestals in the grounds of a See also:

• MANSION (through O. Fr. mansion, mod. maison, from Lat. mansio, dwelling-place, stage on a journey; manere, to remain)

mansion house . 3 . When a tenant for life of land See also:

• DIES, CHRISTOPH ALBERT (1755-1822)

dies, the question of fixtures arises between his representatives and the persons next entitled to the estate (the remainder-man or reversioner) . The remainder-man is not so See also:

• GREAT

great a favourite of the law as the heir, and the right to fixtures is construed more favourably for executors than in the preceding cases between heir and executor . Whatever are executor's fixtures against the heir would therefore be executor's fixtures against the remainder-man . And the result of the cases seems to be that, as against the remainder, the executor of the tenant for life would be certainly entitled to trade fixtures . Agricultural fixtures are not removable by the executor of a tenant for life . 4 . As between seller and buyer, a purchase of the lands includes a purchase of all the fixtures . But here the intention of the parties is of great importance . Similar questions may arise in other cases, e.g. as between mortgagor and mortgagee .

When land is mortgaged the fixtures pass with it, unless a contrary intention is expressed in the See also:

• CONVEYANCE

conveyance; and this even where the chattels affixed are the subject of a hire purchase agreement (See also:

• REYNOLDS, JOHN FULTON (182o-1863)
• REYNOLDS, SIR JOSHUA (1723-1792)
• REYNOLDS, WALTER (d. 1327)

Reynolds v . See also:

• ASHBY, TURNER (1824-1862)

Ashby, 1903, 1 K.B . 87) . Again, in reference to bills of See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

sale the question arises . Bills of sale are dispositions of personal property similar to mortgages, the possession remaining with the person selling them . To make them valid they must be registered, and so the question has arisen whether deeds conveying fixtures ought not to have been registered as bills of sale . Unless it was the intention of the parties to make the fixtures a distinct See also:

• SECURITY (Lat. securus, free from care, safe)

security, it seems that a See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed of See also:

• MORTGAGE

mortgage embracing them does not require to be registered as a See also:

• BILL

bill of sale . The question of what is or is not a fixture must also often be considered in questions of rating or See also:

• ASSESSMENT, (from Lat. assessare, to sit beside, to judge)

assessment . The law of See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland as to fixtures is the same as that of See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England . The Agricultural Holdings (Scotland) Acts 1883 (ss . 35, 42) and 1900 (as to market gardens) give a similar statutory right of removal . The law of See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland has been the subject of the special legislation sketched in the article LANDLORD AND TENANT .

The See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French See also:

• CODE (Lat. codex)

Code See also:

• CIVIL

Civil recognizes the right of the usufructuary to remove articles attached by him to the subject of his estate on the expiry of his term, on making good the See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place from which they were taken (See also:

• ART

Art . 599) and there are similar provisions in the Civil Codes of See also:

• ITALY
• ITALY (Italia)

Italy (Art . 495) See also:

• SPAIN
• SPAIN (Espana)

Spain (Arts . 487, 489), See also:

• PORTUGAL

Portugal (Art . 2217) and See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany (Arts . 1037, 1049) . The law of the See also:

• UNITED

United States as to fixtures is substantially identical with English common law . Constructive, as well as actual, annexation is recognized . The same relaxations (from the common law rule quicquid plantatur solo, solo cedit) as regards trade fixtures, and ornamental fixtures, such as tapestry, have been recognized . In See also:

• MAURITIUS

Mauritius the provisions of the Code Civil are in force without modification . In See also:

• QUEBEC

Quebec (Civil Code, Arts . 374 et seq.) and St See also:

• LUCIA (or LucY), ST

Lucia (Civil Code, Arts .

368 at seq.) they have been re-enacted in 452 substance . Some of the See also:

• BRITISH

British colonies have conferred a statutory right to remove fixtures on tenants (cf . See also:

• TASMANIA

Tasmania, Landlord and Tenant Act 1874) . In certain of the colonies acquired by cession,or See also:

• SETTLEMENT
• SETTLEMENT, ACT OF

settlement (e.g . New See also:

• ZEALAND (also SEALAND Or SEELAND; Danish Sjaelland)

Zealand) the English Landlord and Tenant Act 1851 is in force . AuTn0RITIEs.-English law: See also:

• AMOS
• AMOS, SHELDON (1835–1886)

Amos and Ferard, Law of Fixtures (3rd ed., See also:

• LONDON

London, 1883) ; See also:

• BROWN
• BROWN, CHARLES BROCKDEN (1771-181o)
• BROWN, FORD MADOX (1821-1893)
• BROWN, FRANCIS (1849- )
• BROWN, GEORGE (1818-188o)
• BROWN, HENRY KIRKE (1814-1886)
• BROWN, JACOB (1775–1828)
• BROWN, JOHN (1715–1766)
• BROWN, JOHN (1722-1787)
• BROWN, JOHN (1735–1788)
• BROWN, JOHN (1784–1858)
• BROWN, JOHN (1800-1859)
• BROWN, JOHN (1810—1882)
• BROWN, JOHN GEORGE (1831— )
• BROWN, ROBERT (1773-1858)
• BROWN, SAMUEL MORISON (1817—1856)
• BROWN, SIR GEORGE (1790-1865)
• BROWN, SIR JOHN (1816-1896)
• BROWN, SIR WILLIAM, BART
• BROWN, THOMAS (1663-1704)
• BROWN, THOMAS (1778-1820)
• BROWN, THOMAS EDWARD (1830-1897)
• BROWN, WILLIAM LAURENCE (1755–1830)

Brown, Law of Fixtures (3rd ed., London, 1875); See also:

• RYDE

Ryde, on Rating (2nd ed., London, 1905) . Scots Law: See also:

• HUNTER, JOHN (1728-1793)
• HUNTER, ROBERT MERCER TALIAFERRO (r8o9-1887)
• HUNTER, SIR WILLIAM WILSON (1840-19oo)
• HUNTER, WILLIAM (1718–1783)
• HUNTER, WILLIAM ALEXANDER (1844-1898)

Hunter, Landlord and Tenant; See also:

• ERSKINE, EBENEZER (1680-1754)
• ERSKINE, HENRY (1746-1817)
• ERSKINE, JOHN
• ERSKINE, JOHN (1721-1803)
• ERSKINE, RALPH (1685-1752)
• ERSKINE, THOMAS
• ERSKINE, THOMAS ERSKINE, 1ST BARON (1750-1823)

Erskine's Principles (loth ed., Edin., 1903) . See also:

• AMERICAN

American Law: Bronson, Law of Fixtures (St See also:

• PAUL
• PAUL (PAULUS)

Paul, 1904) ; See also:

• REEVES, JOHN SIMS (1818-1900)

Reeves, Real Property (See also:

• BOSTON
• BOSTON, THOMAS (1676-1732)

Boston, 1904) ; Ruling Cases (London and Boston, 1894-1901), Tit . " Fixtures " (American Notes) . (A . W .