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Home » Law Dictionary » F » FIXTURE

FIXTURE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

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; TeatT v. Hewitt, 1 Ohio St 511, 59 Am. Dec. 634; Baker v. Davis, 19 N. EL 333; Capen v. Peckham, 35 Conn. 88; Wolford v. Baxter, 33 Minn. 12, 21 N. W. 744, 53 Am. Rep. 1; Merritt v. Judd, 14 Cal. 64; Adams v. Lee, 31 Mich. 440; Prescott y. Wells, Fargo A Co., 3 Nev. 82.
Personal chattels which have been annexed to land, and which may be afterwards severed and removed by the party who has annexed them, or his personal representative, against the will of the owner of the freehold. Ferard, Fixt 2; 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 modern 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, 80 Pa. 165, 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. Hill.” Things fixed or affixed to other things. The rule of law regarding them is that which is expressed in the maxim, “accessio cedit principou,” “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.

Related Posts:

  • FIXTURES
  • TREE
  • CHATTEL
  • PERSONAL PROPERTY
  • ANNEX
  • CONVERSION

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