- 12 -
thing has, by the manner in which it is affixed, become
an integral part of the premises.
Id. By statutory definition, an improvement must meet certain
criteria before it can be classified as a removable trade
fixture: (1) The improvements must be affixed by the tenant for
purposes of trade; (2) the improvements must be removable by the
tenant from the leased premises at any time during the
continuance of the term; (3) the improvements must not be so
physically annexed to the premises that their removal could not
be effected without injury to the premises; and (4) the
improvements by the manner in which they were affixed must not
have become an integral part of the premises. Sec. Loan & Trust
Co. v. Willamette Steam Mills L&M Co., 99 Cal. 636, 639 (1893).
We conclude that the lunchroom (1), pole barn (2), cold
storage units (3), elb scan room (4), well (7), nut bin (8), shop
and storage building (9), steel equipment cover (10), and asphalt
paving (11) are not removable trade fixtures under California
Code section 1019 because they became integral parts of the
premises.
When the California Supreme Court found buildings to be
removable trade fixtures, the buildings had not become integral
parts of the property. See MacDonough v. Starbird, 105 Cal. 15,
17 (1894) (held that a one-story wooden structure, which was
placed on mud sills as its foundation, was a removable trade
fixture under California Code section 1019); Sec. Loan & Trust
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011