building

An edifice erected by art and fixed upon or over the soil, composed of stone, brick, marble, wood, or other proper substance, connected together, and designed for use in the position in which it is so fixed. Taken in its broadest sense, it can mean only an erection intended for use and occupation as a habitation, or for some purpose of trade, ornament, or use. 13 Gray (Mass.) 312. A bridge (11 Wis. 119), a floating dock (2 Vroom [N. J.] 477), seats or platforms in a park (55 Cal. 159; 39 Conn. 41) have been held not to be buildings, while an unfinished house (L. R. 1 C. C. 338), a stable (94 Ill. 456), a church (10 Pa. 413) are buildings.

An edifice, erected by art, and fixed upon or over the soil, composed of brick, marble, wood, or other proper substance, connected together, and designed for use in the position in which it is so fixed. Every building is an accessory to the soil, and is therefore real estate; it belongs to the owner of the soil; Cruise, Dig. tit. 1, s. 46; but a building placed on another's land by his permission is the personal estate of the builder; 2 Bla. Com. 17.

A structure or edifice erected by the hand of man, composed of natural materials, as stone or wood, and intended for use or convenience. Truesdell v. Gray, 13 Gray (Mass.) 311; State v. Moore, 61 Mo. 276; Clark v. State, 69 Wis. 203, 33 N. W. 486, 2 Am. St. Rep. 732.

— Building liue. See Line.

A structure or edifice erected by the hand of man, composed of natural materials, as stone or woou, and intended for use Or convenience.

In its broadest sense, an erection intended for use and occupation as a habitation or for some purpose of trade, manufacture, ornament, or use, constituting a fabric or edifice, such as a house, a store, a church, a shed.6 A structure of considerable size, intended to be permanent or at least to endure for a considerable time.' The " commencement " of a building imports some work and labor on the ground, the effect of which is apparent, as, beginning to dig the foundation, or other work of like description, which every one can readily recognize as the commencement of a building,* — ' Goldenberg v. Murphy, 108 U. S. 103 (1883), Waite, C. J.; 119 id. 476. ^Berger v. Commissioners, 2 Mc Crary, 480 (1880): Act of Congress, 1875, § 1. s Webster's Diet. • 4 Bl. Com. 117. »4 Chitty, Bl. Com. 117. « Truesdell v. Gay, 13 Gray, 312 (1859), Bigelow, C. J. work being done with the purpose then formed to continue it to the completion of the building.' The idea in all the cases which concern a "new" building is newness of structure in the main mass — the entire change of external appearance, which denotes a dif Eerent building from that which gave place to it, though into the composition of the new structure some of the old parts may have entered. This newnes.s of construction must be in the exterior, the main plan of the building, not in the interic Si; arrangements.2 ^& See Addition, 1; Alter; Buiigl.4rt; Erect, 1; House, 1; Loss, Total; Specification, 1; Structure; Support, 2. Bviilding or building and loan associations. Co-operative associations, usually incorporated, for the purpose of accumulating money and loaning it to their members upon the security of their real estate. Each member makes a monthly payment upon each share of his stock, and such members as borrow from the association pay, in addition, interest upon the sums loaned to them. When the stock, from the payments of the monthly installments upon shares and from the accumulation of interest, reaches its par value, the mortgages given by the borrowers are canceled, and the non-borrowers receive in cash the par of their shares of stock. Buildings, public. See Land, Public. Builder. A person whose business it is to construct buildings, vessels, bridges, canals, or railroads, by contract.^ See Contkactoe. He who imdertakes to build a house imj)liedly agrees with every person who may have occasion to use it that he will exert, in the construction, such skill, care, and foresight as may be expected of a man of at least ordinary caution.* The occupant of a house likewise agrees not to overload a floor; and, that every part of the premises, in and out of doors, to which the public are admitted, shall be reasonably guarded against accident. See Carb; Duty, 1; Mansladghtbii; Negligence; Bes, Perit, etc. As to the expense of changes made in plans and specifications, see Watson v. Jones, under Contract, Executed, and Phillips Construction Co, v. Seymour, under Covenant.