Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Something so attached to the realty as to become for the time being a part of the freehold. See 68 Md. 478, 6 Am. St. Rep. 467, 13 Atl. 370, 16 Atl. 301.

  • Black's Law Dictionary: 2nd Edition

    1. A fixture is a personal chattel substantially affixed to the land, but which may afterwards be lawfully removed therefrom by the party affixing it or his representative, without the consent of the owner of the freehold. Cook v. Whiting, 16 111. 480; Teaff v. Hewitt, 1 Ohio St. 511, 59 Am. Dec. 634; Baker v. Davis, 19 N. H. 333; Capen v. Peckham, 35 Conn. 88; Wolford v. Baxter, 33 Minn. 12, 21 N. W. 744, 53 Am. Bep. 1; Merritt v. Judd, 14 Cui. 64; Adams v. Lee, 31 Mich. 440; Prescott v. Wells, Fargo & Co., 3 Nev. 82. Personal chattels which have been annexed to land, and which may be afterwanis severed and removed by the party who has annexed theng or his personal representative, against the will of the owner of the freehold. Ferard, Fixt ; Bouvier. The word "fixtures" has acquired the peculiar meaning of chattels which have been annexed to the freehold, but which are removable at the will of the person who annexed them. Hallen v. Runder, 1 Cromp., M. & R. 266. "Fixtures" does not necessarily import things affixed to the freehold. The word is a modem one, and is generally understood to comprehend any article which a tenant has the power to remove. Sheen v. Rickie, 5 Mees. & W. 174; Rogers v. Gilinger, 30 Pa. 185, 189, 72 Am. Dec. 694.
    2. Chattels which, by being physically annexed or affixed to real estate, become a part of and accessory to the freehold, and the property of the owner of the land. Hlll. Things fixed or affixed to other things. The rule of law regarding them is that which is expressed in the maxim, "accessio cedit principali," "the accessory goes with, and as part of, the principal subject-matter." Brown. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ. Code Cal. § 660.
    3. That which is fixed or attached to something permanently as an appendage, and not removable. Webster. That which is fixed ; a piece of furniture fixed to a house, as distinguished from movable; something fixed or immovable. Worcester. The general result seems to be that three views have been taken. One is that "fixture" means something which has been affixed to the realty, so as to become a part of it; it is fixed, irremovable. An opposite view is that "fixture" means something which appears to be a part of the realty, but is not fully so ; it is only a chattel fixed to it, but removable. An intermediate view is that "fixture" means a chattel annexed, affixed, to the realty, but imports nothing as to whether it is removable; that is to be determined by considering its circumstances and the relation of the parties. Abbott.
    —Domestic fixtures. All such articles as a tenant attaches to a dwelling house in order to render his occupation more comfortable or convenient, and which may be separated from it without doing substantial injfury, such as furnaces, stoves, cupboards, shelves, balls, gas fixtures, or things merely ornamental, as painted wainscots, pier and chimney glasses, although attached to the walls with screws, marble chimney pieces, grates, beds nailed to the walls, window blinds and curtains. Wright v. Du Big-non, 114 Ga. 765, 40 S. E. 747, 57 L. In A. 669.
    —Trade fixtures. Articles placed in or attached to rented buildings by the tenant, to prosecute the trade or business for which he occupies the premises, or to be used in connection with such business, or promote convenience and efficiency in conducting it. Herkimer Coun-' ty L. & P. Co. v. Johnson, 37 App. Div. 257, 55 N. Y. Supp. 924; Brown v. Reno Electric L. & P. Co. (C. C.) 55 Fed. 231; Security In & T. Co. v. Willamette, etc., Mfg. Co., 99 Cal. 636, 34 Pac. 321.