Page:Halsbury Laws of England v1 1907.pdf/496

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Agricultuee.

274 Sect.

2.

Statutory

Right of Removal.

right extends, after 1908, to the removal of improvements which were executed before 1896 {k). The above provisions as to fixtures and buildings may, however, be excluded by any agreement between the landlord and tenant (Q. If a tenant is entitled by the custom of the country to remove machinery or fixtures, such right is preserved to him, and may be exercised by him according to the custom without any of the statutory restrictions (m). It would appear that fixtures or buildings which come within the provisions set forth above become forthwith the property of the tenant and remain his property should the lease be forfeited (n) but that observance of the conditions (1) and (4) is a condition precedent to their removal and condition (1) must be fulfilled within a reasonable time.



Sect. Time

for

removal.

Waiver right to

remove.

of

3.

Time fur Removal.

595. It is to be noticed that the statutory right to remove fixtures etc. may be exercised either before or within a reasonable time after the determination of the tenancy. Eefusal by a landlord to allow removal of fixtures after the expiration of a tenancy gives the tenant a right of action against the landlord, but not against his mortgagees (o). The common law right to remove trade fixtures must be exercised by the tenant, if at all, during his original term and during such further period of possession by him as he holds the premises under a right still to consider himself a tenant (p). The right is lost on re-entry by the landlord for a forfeiture (q).

A

contract by an out-going tenant to leave on the premises is entitled to remove, to be taken by the landlord at a valuation, is not a sale of an interest in land within sect. 4 of the Statute of Frauds so as to require to be evidenced by writing, nor, it would seem, a sale of goods within sect. 4 of the Sale of Goods Act, 1893 (?•) it is a sale of a waiver of the right to remove the

596.

fixtures

which he

fixtures

(s).



(k) Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 5, which, however, does not come into operation until January 1, 1909. This enactment overrides the decisions in Smith v. Callander, [1901] A. C. 297, and Mears v. Callender, [1901] 2 Ch. 388, that the right only extended to improvements executed after

January 1, 1896. Callender, supra. It was, however, held in that case that the (/) Meats V. tenant was not precluded from removing glasshouses erected by him, by a covenant to leave gratis for the landlord all improvements made by the tenant entered into in consideration of no claim being made by the landlord for " similar matters " on entry, on the ground that the words " similar matters '* did not refer to improvements of such a nature as glasshouses. (m) Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 60. (n) Ex parte Ooidd, Be Walker (1884), 13 Q. B. D. 454. (o) Thomas v. Jennings (1896), 66 L. J. (q. b.) 5. (p) Iq) (r) {s)

Weeton

Pugh

V.

Woodcock (1840), 7 M. & W. Arton (1869), L. E. 8 Eq. 626.

v.

56 & 57 Yict. c. 71. Hallen y.. Bunder (1834),

1 0.

M. & R.

14.

266.