Joseph Story

“ Every demise between landlord and tenant in respect to matters in which the parties are silent, may be fairly open to explanation by the general usage and custom of the country or of the district where the land lies. Every person under such circumstances is supposed to be conusant of the custom, and to contract with a tacit reference to it. ”

“ The first exception raises the important question, what fixtures erected by a tenant during his term, are removable by him?
The general rule of the common law certainly is, that whatever is once annexed to the freehold becomes part of it, and cannot afterwards be removed, except by him who is entitled to the inheritance. ”

“ Cases of this sort are familiar in the books; as for instance, to prove the right of a tenant to an away-going crop (b) . In the very class of cases now before the Court the custom of the country has been admitted to decide the right of the tenant to remove fixtures (c) . The case before lord chief justice Treby turned upon that point (d) .
The third exception turns upon the consideration, whether the parol testimony was competent to establish such a usage and custom. Competent it certainly was, if by competent is meant, that it was admissible to go to the jury. ”

“ The sole question is, whether it is designed for purposes of trade or not. A tenant may erect a large as well as a small messuage, or a soap boilery of one or two stories high, and on whatever foundations he may choose. ”

“ Testimony was then introduced on this point, and after the examination of the witnesses for the defendant, the plaintiffs prayed the court to instruct the jury that the evidence was not competent to establish the fact, that a general usage had existed or did exist in the city of Washington which authorised a tenant to remove such a house as that erected by the tenant in this case ”

“ The very point was decided in 20 Henry VII. 13, a. and b., where it was laid down, that if a lessee for years made a furnace for his advantage, or a dyer made his vats or vessels to occupy his occupation, during the term, he may afterwards remove them. ”