5. But as between a landlord and his tenant the strictness of the ancient rule has been much relaxed. The rule here is under stood to be that a tenant, whether for life, for years, or at will, may sever at any time before the expiration of his tenancy, and carry away, all such fixtures of a chattel na ture as he has himself erected upon the de mised premises for the purposes of ornament, domestic convenience, or to carry on trade; provided, always, that the removal can be effected without material injury to the free hold. 16 Day, Conn. 322 16 Mass. 449 ; 4 Pick. Maas. 310 ; 2 Dev. No. C. 376; 1 Bail. So. C. 541 • 7 Barb. N. Y. 263 ; 1 Den. N. Y. 92 ; 19 N. Y. 234. There have been adjudications to this effect with respect to bakers' ovens ; salt-pans ; carding-machines; cider mills and furnaces ; steam-engines ; soap-boilers' vats and copper stills ; mill stones ; Dutch barns standing on a founda tion of brick-work set into the ground ; a varnish-house built upon a similar founda tion, with a chimney ; and to a ball-room, erected by the lessee of an inn, resting upon stone posts slightly imbedded in the soil; and also in regard to things ornamental or for domestic convenience: as, furnaces; stoves; cupboards and shelves • bells and bell-pulls ; gas-fixtures ; pier- and chimney-glasses, al-• though attached to the wall with screws ; marble chimney-pieces; grates; window blinds and curtains. The decisions, how ever, are adverse to the removal of hearth stones, doors, windows, locks and keys; be cause such things are peculiarly adapted to the house in which they are affixed ; also, to all such substantial additions to the pre mises as conservatories, greenhouses (except those of a professional gardener), stables, pig-sties and other outhouses, shrubbery and flowers planted in a garden. Nor has the privilege been extended to erections for agricultural purposes ; though it is difficult to perceive why such fixtures should stand upon a less favored basis than trade fixtures, when the relative importance of the two arts is considered. Taylor, Landl. & Ten. 11 544
6. The time for exercising the right of removal is a matter of some importance. A tenant for years may remove them at any time before he gives up the possession of the premises, although it may be after his term has expired, and he is holding over. 1 Barnew. & C. 79 ; 2 East, 88. But tenants for life or at will, having uncertain interests in the land, have, after the determination of their estates not occasioned by their own fault, a reasonable time within which to remove their fixtures. 3 Atk. Ch. 13.
7. If a tenant quits possession of the land without removing such fixtures as he is en titled to, the property in them immediately vests in the landlord, and though they are subsequently severed the tenant's right to them does not revive. If, therefore, a tenant desires to have any such things upon the pre mises after the expiration of his term, for the purpose of valuing them to an incoming ten ant, or the like, he should take care to get the landlord's consent; otherwise.he will lose his property in them entirely. 1 Barnew. & Ad. 394 ; 2 Mees. & W. Exch. 450. The rights of parties with respect to particular articles are sometimes regulated by local customs, especially as between outgoing and incoming tenants; and in cases of this kind it becomes a proper criterion by which to determine the character of the article, and whether it is a fixture or not.
See, generally, on this subject, Viner, Abr. Landlord and Tenant (A); Bacon, Abr. Ilse MOM, etc. (H 3) ; Comyns, Dig. .828128 (B, C) ; 2 Sharswobd, Blackst. Comm. 281, n. 23; Po thier, Traite des Choses ; 4 Coke, 63, 64; Coke, Litt. 53 a, and note 5, by Hargrave ; F. Moore, 177; Bouvier, Inst. Index ; 2 Washburn, Real Prop.