A Treatise On the Law of Fixtures, Emnbracing the Leading Decisions Upon the Subject, Both American And English, Bringing the Law Down to the Present Time
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He then left the premises, and a new ten- ant was let into possession, after which the outgoing tenant attempted to re-enter, to remove some fixtures. The court was of opinion that he had no right to do so.
Willes, J., delivered the judgment of the court, and ob- served: "The law as to the limit within which a tenant is allowed to sever from the freehold the fixtures, which are usually called 'tenant's fixtures,' is by no means clearly settled. According to the older authorities the rule was, t...hat he must sever them during the term. But in Penton v.
Bohari (2 East, 88), it appears to have been considered that the severance might be made even after the expiration of the tenant's interest, if he has not quitted possession. However, in Weston v. WoodcocTc (7 M. & W. , 14), the rule was laid down that the tenant's right continues only during his origi- nal term, and, ' such further period of possession by him as he holds the premises under a right still to consider himself as tenant' It is perhaps not easy to understand fully what is the exact meaning of this rule, and whether or not it justi- fies a tenant who has remained in possession after the end of his term, and so become a tenant at sufferance, in severing the fixtures during the time he continues in possession as such tenant.
What to read after A Treatise On the Law of Fixtures, Emnbracing the Leading Decisions Upon the Subject, Both American And English, Bringing the Law Down to the Present Time?
You can find similar books in the "Read Also" column, or choose other free books by Ransom H Ransom Hebbard Tyler to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
He then left the premises, and a new ten- ant was let into possession, after which the outgoing tenant attempted to re-enter, to remove some fixtures. The court was of opinion that he had no right to do so.
Willes, J., delivered the judgment of the court, and ob- served: "The law as to the limit within which a tenant is allowed to sever from the freehold the fixtures, which are usually called 'tenant's fixtures,' is by no means clearly settled. According to the older authorities the rule was, t...hat he must sever them during the term. But in Penton v.
Bohari (2 East, 88), it appears to have been considered that the severance might be made even after the expiration of the tenant's interest, if he has not quitted possession. However, in Weston v. WoodcocTc (7 M. & W. , 14), the rule was laid down that the tenant's right continues only during his origi- nal term, and, ' such further period of possession by him as he holds the premises under a right still to consider himself as tenant' It is perhaps not easy to understand fully what is the exact meaning of this rule, and whether or not it justi- fies a tenant who has remained in possession after the end of his term, and so become a tenant at sufferance, in severing the fixtures during the time he continues in possession as such tenant.
What to read after A Treatise On the Law of Fixtures, Emnbracing the Leading Decisions Upon the Subject, Both American And English, Bringing the Law Down to the Present Time?
You can find similar books in the "Read Also" column, or choose other free books by Ransom H Ransom Hebbard Tyler to read onlineMoreLess
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