Page:Halsbury Laws of England v1 1907.pdf/494

 — Agriculture.

272 Sect.

1.

Removal at

,

Common Law.

The exception in favour of trade fixtures was by the Courts

not, however, extended

to fixtures erected for agricultural

purposes

(?).

The

right of an agricultural tenant to remove Dutch barns (o), and barns resting on the soil which have sunk into the soil by their own weight (p), or placed upon staddles (g), has been recognised on the ground that such structures are not fixtures, it being necessary to constitute a fixture that the soil should have been displaced for the purpose of receiving the article, or that the chattel should have been cemented or otherwise fastened to some fabric previously attached to the ground (r).

market

590. A market gardener or nurseryman was, however, entitled to remove greenhouses and hothouses erected for the purposes of his business (s), and shrubs, and trees, or such as are likely to become

garden or

trees,

Erections and trees for

business of

planted with a view to

sell (a),

but not orchard trees

(h).

nursery.

Sect. Under Landand

lord

Tenant Act, 185L

2.

Statutory Right of JRemoval,

591. The harshness of the common law has been to some extent modified in favour of agricultural tenants by the enactment that if any tenant of a farm or lands shall with the consent in writing of the landlord at his own cost erect any farm building, either detached or otherwise, or put up any other building, engine or machinery, either for agricultural purposes or for the purposes of trade and agriculture (but not in pursuance of some obligation in. that behalf) then all such buildings, engines and machinery remain the property of the tenant, and are removable by him provided that the same can be removed without injury to the land or buildings of the landlord, or that the tenant repair such injury, if any and provided also that a month's notice of the tenant's intention to remove any such fixture be given to the landlord, who has the right to purchase the same at a price to be fixed by arbitration in case of difference (c). The benefit of this enactment, it will be observed, enures to any tenant of a farm or land, and is enjoyed by a tenant of an agricultural holding, upon whom special further rights in respect of the removal of fixtures have been conferred {d).

Under Agricultural Holdings Act, 1883.

592. Where after January 1, 1884, a tenant of an agricultural holding affixes to his holding or acquires any engine, machinery, fencing or other fixture, or erects or acquires any building for which he is not under statute or otherwise entitled to compensation, and which is not so affixed or erected in pursuance of some obligation

Maw

(n)

Ehues

(o)

Bean v. AllaUij (1799), 3 Esp. 11. Cullmg V. Tvffnal (1694), Bull. N.

(_p)

4 A. {q) (r) (s)

&

v.

(1802), 3 East, 38. P.'

34



Wanslrough

v.

Maton

(1836),

E. 884.

1 E. & B. 674. Turner v. Cameron (1870), L. E. 5 Q. B. 306, 311. Penton v. Rohart (1801), 2 East, 88; Hears v.

Wiltshear v. Cottrell (1853),

Calleoider,

[1901] 2 Ch.

388.

Penton v. Boharf, supra ; Oaldey v. Monch (1866), L. E. 1 Ex. 159, 167. Hears v^ Callender, siq^ra. Eor forms of (c) Landlord and Tenant Act, 1851 (14 & 15 Vict. c. 25), s. 3. notice by tenant of intention to remove and by landlord of election to purchase, see Encyclopaedia of Eorms, Vol. VII., pp. 742, 743. {d) Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 60. (a) (6)