fixtures

The doctrine concerning this class of fixtures, which is a strong innovation upon the common law rule that all buildings become a part of the freehold as soon as they are placed upon the soil, has extended no further than the right of removal while the tenant is in possession; and has never been held to give a right of action against the landlord for their value.

The word "fixtures" is used with three distinct meanings: (1) Chattels affixed to the realty, without regard to the right to remove them. (2) An article which was a chattel, but which, by being permanently annexed to the soil, becomes a part of the realty, and cannot be removed without the consent of the owner of the freehold. 40 N. Y. 287. (3) Personal chattels affixed to real estate, which may be severed and removed by the party who has affixed them, or by his personal representative, against the will of the owner of the freehold. 8 Iowa, 544; Tayl. Landl. & Ten. § 544, note 1.

Personal chattels affixed to real estate, which may be severed and removed by the party who has affixed them, or by his personal representative, against the will of the owner of the freehold. There is much dispute among the authorities as to what is a proper definition, Bro. Fixt. 1; Tyler’s Flxt. 35; 6 Am. L. Rev. 412, where various definitions are reviewed. A "fixture” formerly meant any chattel which on becoming affixed to the soil became a part of the realty. It now means those things which formed an exception to that rule and can be removed by the person who affixed them to the soil; L. R. 4 Ex. 328. Anything fixed or attached to a building, and used in connection with it, movable or Immovable. Whenever the appendage is of such a nature that it is not part and parcel of the building, but may be removed without injury to the building, then it is a movable fixture and does not pass with a conveyance of the freehold. If, however, it be so connected with the building, that it cannot be severed from it without injury to the building, then it is part of the realty and passes with the conveyance of the soil; Capital City Ins. Co. V. Caldwell, 95 Ala. 77, 10 South. 355. To entitle a tenant to the value of trade fixtures attached by him to property, it is not necessary that they can be removed without injury to the fixtures. The true test is that i they can be removed without injury to the freehold; In re City of New York, 192 N. Y. 295, 84 N. E. 1105, 18 L. R. A. (N. S.) 423, 127 Am. St. Rep. 903. The annexation may be actual or construcjoined or united to the freehold. The article must not be merely laid upon the ground; it must be fastened, fixed, or set into the land, or into some such erection as is unquestionably a part of the realty; otherwise it is in no sense a fixture; Bull. N. P. 34; 3 East 38; Walker v. Sherman, 20 Wend. (N. Y.) 636; Taffe V. Warnick, 3 Blackf. (Ind.) Ill, 23 Am. Dec, 383. Locks, iron stoves set in brickwork, posts, window-blinds, and a mirror fii-mly attached to the chimney breast by molding, afford examples of actual annexation; see Pillow V. Love, 6 Hayw. (Tenn.) 109; Holmes v. Treraper, 20 Johns. (N. Y.)29, 11 Am. Dec. 238; Kirwan v. Latour, 1 Harr. & J. (Md.) 289, 2 Am, Dec. 519; Mc Clintock v. Graham, 3 Mc Cord (S. C.) 553; Swift v. Thompson, 9 Conn. 63, 21 Am. Dec. 718; Goddard v. Chase, 7 Mass. 432; Mc Fadden v. Crawford, 30 W. Va. 671, 16 S. E. 408, 32 Am. St. Rep. 894; Spinney v. Barbe, 43 111. App. 585. Machinery in a planing mill, securely fastened, belongs to the realty; Kansas City Southern R. Co. v. Anderson, 88 Ark. 129, 113 S. W. 1030, 16 Ann. Cas. 784; lace looms bolted to the fioor and fastened by iron stays to the roof; 6 F. Ct. Sess. 214; electric light fittings in a hotel; Canning v. Owen, 22 R. I. 624, 48 Atl. 1033, 84 Am. St. Rep. 858; and metallic gutters attached to the roof of a house with water pipes laid under ground; Wright V. Du Bignon, 114 Ga. 765, 40 S. E. 747, 67 L. R. A. 669. 2d, by constructive annexation. Some things have, been held to be parcel of the realty, which are annexed or fastened to it; for example, deeds or chattels which relate to the title of the inheritance and go to the heir; Shep. Touch. 469; Beardsley v. Bank, 31 Barb. (N. Y.) 632; Waidleigh v. Janvrln, 41 N. H. 603, 77 Am. Dec. 780. Cars used in connection with a drier in a brickyard, and which are Indispensable to the use of the drier, are part of the realty, and a mechanic's lien will attach thereto; Curran v. Smith, 37 111. App. 69. So wires and Insulators used in forming and completing the connection between an electric light and power plant and the places supplied with light and heat by such plant; Hughes v. Power Co., 63 N. J. Eq. 435, 32 Atl. 69; Badger Lumber Co. v. light & Power Co., 48 Kan. 182, 29 Pac. 476, 15 L. R. A. 652, 30 Am. St. Rep. 301; gas burners, chandeliers, and the like; Keeler v. Keeler, 31 N. J. Eq. 181; Johnson’s Ex’r v. Wiseman’s Ex’r, 4 Mete. (Ky.) 357, 83 Am. Dec. 475; 18 L. T. N. S. 300. Doors, mantels, and other building materials which have been purchased for an unfinished building and placed therein, but not attached, are not part of the realty; Blue v. Gunn, 114 Tenn. 414, 87 S. W. 408, 69 L. R. A. 892, 108 Am. St. Rep. 912, 4 Ann. Cas. 1167; the main belt of a mill connecting a owner replaced the ordinary fixed grate in the house with others, which were not physically attached to the main structure, it was held they were realty, since they were placed to improve the Inheritance; [1901] 1 Q. B. 205. Tubs, vats, and casks placed in a brewery with a design of permanent use therein and which are too large to pass out of any existing opening are part of the realty; Equitable Trust Co. V. Christ, 47 Fed. 756; and a gasoline engine on a stone foundation in a permanent building; State Security Bank v. Hoskins, 130 la. 339, 106 N. W. 764, 8 L. R. A. (N. S.) 376. So deer in a park, fish in a pond, and doves in a dove-house, go to the heir, and not to the executor, being, like keys and heirlooms, constructively annexed to the inheritance; Shep. Touch. 90; Pothier, Trait6 des Choaes § 1. But loose, movable machinery used in prosecuting any business to which the freehold is adapted cannot be considered part of the real estate nor in any way appurtenant to It; Despatch Line of Packets V. Bellamy Mfg. Co., 12 N. H. 205, 37 Am. Dec. 503; 6 Exch. 295; Mc Laughlin v. Nash, 14 Allen (Mass.) 136, 92 Am. Dec. 741; Brown V. Power Co., 55 Fed. 229. See, however, Voorhls V. Freeman, 2 W. & S. (Pa.) 116, 37 Am. Dec. 490; Pyle v. Pennock, 2 W. & S. (Pa.) 390, 37 Am. Dec. 617. Chairs hired for use in a hippodrome and screwed to the floor do not cease to be chattels; [1903] 2 K. B. 135; boilers, engines, shafts and heating apparatus placed in a building for business purposes and easily removable are not part of the realty; Bergh V. Safe Co., 136 Fed. 368, 69 C. C. A. 212, 70