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FIXTURE Definition & Legal Meaning

Definition & Citations:

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, 16111. 480; Teaff v. Hewitt, 1 Ohio St. 511, 59Am. 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. Rep. 1; Merritt v. Judd, 14 Cal. 64; Adams v., 31 Mich. 440; Prescott v. Wells, Fargo & 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 personalrepresentative, 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. Allen v. R under, 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 y. Gilinger, 30 Pa.185, 189, 72 Am. Dec. 694.2. Chattels which, by being physically annexed or affixed to real estate, become apart 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, “arcessio cedit principal*i,” “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.


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