The news and herald. (Winnsboro, S.C.) 1877-1900, 1881-05-28
what n Tenant May Remove.

Tenants of al improving disposition are
often deferred from making their homes us
comfortable as they could desire and arc
able to make them for fear of bencfltinr
their landlords or successors moro than
themselves. Painting, papering and re-
pairing of the house and improvements of
the grounds are obviously. of permanent
nature and cannot benefit any one but the
occupant of the premises. Should tenant
see lit to incur expense for these things he
can claim no rccOmpcnsc, If, at the cXplra-
tion of the lease, he Is unwilling or unable
to renew it. There are, however, many
improvements that formerly would have
been held to insure to the benefit of the
landlord, but which more modern decisions
permit the tenant to take up and carry
away with his other household goods
The old law and judicial construction
favored land and land owners, and every
thing that was directly Or constructiycly
attached to the soil was held to belong to
the owner of the fee and not removable by
the tenant though placed there by him
solely Tor his own convenience. Although
the law has been little changed in this
respect the views of Judges have been prac-
ucally reversed The tendency of all
recent decisions Is to allow a tenant to re-
move everything removable which he adds
to the tenancy, unless he himself intended
1t TO be permanent. Houses are usually
considered rs realty, and everything attach
cd, as porchcs, window blinds and sashcs.
water spouts and lightning-rods, 20 with
them. The gas pipes which convey the
gas from the .street and Distribute II
throughout the house arc III the snmo
category, but the gas fixtures, though
se"TGld spe Teld in io be cemented to the gaS oings
oId-fashioncd candlcsticks, and, therefore,
personal property. This has long been
held TO be the law as regards tenants.
They may put what gas fixtures they please
in house and take them away again with
their kerosene lamps and other illuminating
apparatus. Recently Judge Thayer dc
| cldcd that this was good law for the land
lord as well as for the tenant, and that
therefore the gas fixtures do not necessarily
pass with the sale of the house, nor arc
they covered by mortgage on the realty.
AS a general rule, whatever u tenant
| puts into dwelling or crccts on the
premises for his own comfort. without the
intention to permanently annex it, lie may
rem owe at any time before the expiration
OF his lease. This would include such
things rs cupboards, shelves, coalbins, and
even stairway has been held to be within
tic rule. All trade fixtures and temporary
structures, whether frame or brick, and
without regard to their size, may be taken
down anu carried oil by the tenant who
erected them. Even dwelling house is
not part OF the realty if tic right to re
move 1t is reserved All the landlord can
| legitimate demand is to have his property
restored TO his possession in as good order
rs it was received by the tenant, ordinary
wear and tear excepted. Whatever the
tenant put in of movable nature he may
take away, but his carpenter work must
no. injure or permanently alter the prop
crty. All tho decisions concur that these
removals of improvements and fixtures
must be made within the term Of the leaie
If the tenant waits Till his lease Il! 8 exp rct
the land and all that is ON 1t except til,
purely personal property of the tcna, ru
vcrts TO the landlord.