The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-03-14
DIGEST OF HAWAIIAN LAWS.
BY N. Thompson of the Honolulu
Bar.

Contentious often occur between land |
| lords and tenants, devisees, legatees, |
! heirs, executors and administrators, and |
buyers and sellers of property, in regard
to movable and inlnlOUuble fixtures,
and the line between the two classes Of
/ fixtures seems to be very clearly drawn
in the following chapter:
MOVABLE AND ENJOYABLE FIXTURES.
Personal chattels affixed to real estate,
which may be severed and removed by
the party who has affixed them, or by his
personal representative, against the will
of the owner of the freehold. Browns
Law of Futures, l 6 Am. L. Rev, 412.
What particular things are fixtures Is
always a mixed question of law and fact.
81 Penn, st. 29O; 55 Ala, sos q Mo-,
315. Questions frequently arise as to
whether given appendage5 to a house or
land are to be considered part of the real
estate, or whether they are to be treated
as personal property-the latter are NOV
able, the former not. A thing or article
. | may DG IGRdTOGu AS a uALuES uuOCA OAO
state of fact, and the same thing may not
be regarded as q fixture under another
state of facts Thus, for instance, the
article of manure, where by the sale of
agricultural lands, and whether in heaps
or scattered in the barn-yard, is fixture,
and passes as part of the realty to the
vendee. 2 Hill IN. W, 142; q Pick,
367 SO VT, 261. But when upon lands
in a village or city, where the lands are
not used for agricultural purposes, it is
not fixture, and is treated as personal
= property, and may be removed by the
tenant. Me-, 222; lip Mass, 382
, The annexation may be actual or con-
structive. By actual annexation is under
g stood every mode by which a chattel can
be Joined or united to the freehold. The
article must not be merely laid upon the
ground it must be fastened, fixed, or set
into the land, or into some such erection
as is unquestionably part of the realty !;
=, otherwise it is in no sense fixture. Bull.
N. P, "a; 8 East, So; 20 Wend., 636.
- It will, therefore, be found, upon examin-
! ton, that, in determining the question
g whether a thing is q ch0tteI or o. failure,
E reference must be had to the nature of the
I thing itself, the position of the party
!, placing it where found, the probable in
tention in putting it there, the injury that
would result from its removal, and the
= object of the party in placing it on the
premises, with reference to trade, agricul-
| Mica II 9 Am
a R., 395 so How. IN. ", 81. Grave
q stones, when erected, are fixtures. n
H., AIS. Windows in a dwelling house
- are fixtures. II n. H., $40. Locks, iron
stoves set in brickwork, posts, and win
. dow blinds, afford an example of actual
= annexation. Hayw., 100; 2OJohns., %
Mass. 1872. But loose, movable ma
=. chinery used in prosecuting any business
=, to which the freehold is adapted, canno
"a be considered part of the real estate, mol
in any way appurtenant to it. II n. 81.
2O5; IA Allen, 1876. There are some mat
tiers which have their foundation in thing
real, which are, nevertheless, by thu
principles of the common law, attended
ie with some of the qualities of things per
ID sonaI, and therefore termed chattels real
v Such are estates less than freehold, ease
l. ments, rents, emblements, etc. These
d. however, are easily identified, and hav
Is no connection with fixtures. And, again
III there are others which, though movabl
e in their nature and apparently falling
or within the definition of things personal
az are, in respect of their legal qualities, o
IS the nature of things real. In this elias
nt are heirlooms and things in the nature O
he heirlooms, which by special custom pas
De with the inheritance; also, animals fer0
lg 9ot,trae, not domesticated, so as to fal
under the denomination of chattels, We
he SO confined to the realty as to becom
D. appurtenant to it, as deer in a park
u pigeons in a pigeon house, comics in
Te warren, fish in pond, go to the heir an
s. not to the executor, being constructive
he annexed to the inheritance. Shep
eu Touch, go; also, articles are sometime
IT. called fixtures on the principle of COZ
ne structive attachment, such as deeds an
W other papers which constitute the mum
ne ments of title to the land, the keys of
IT'S house, etc.. which belong to the realt
Is and pass with it, not upon the principl
uf of fixtures, but upon the principle of be
er ing necessary and essential incidents c
C. it, and of no value distracted from it.
'e. Ohio ST., 525; IL VT, $50; 10 Exch., 5o7
ne II mod, $40; Shep. Touch, 400; 81 Barb
Mt 632.
as ITO be cOlltinued.)
ed =
ly Bethel Union Church Services.