单词 | FIXTURE |
释义 | 1. A fixture is a personal chattel substantially affixed to the land, butwhich may afterwards be lawfully removed therefrom by the party affixing it, or hisrepresentative, 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; Wolfordv. Baxter, 33 Minn. 12, 21 N. W. 744, 53 Am. Rep. 1; Merritt v. Judd, 14 Cal. 64; Adamsv. I.ee, 31 Mich. 440; Prescott v. Wells, Fargo & Co., 3 Nev. 82.Personal chattels which have been annexed to land, and which may be afterwardssevered 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 beenannexed to the freehold, but which are removable at the will of the person whoannexed them. Ilallen v. R under, 1 Cromp., M. & R. 266.”Fixtures” does not necessarily import things affixed to the freehold. The word is amodern one, and is generally understood to comprehend any article which a tenant hasthe 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 whichis expressed in the maxim, “arcessio cedit principal*i,” “the accessory goes with, and aspart 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 thecase of trees, vines, or shrubs; or imbedded in it, as in the case of walls; orpermanently resting upon it, as in the case of buildings; or permanently attached towhat is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ.Code Cal. |
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