Gett v. McManus (1873) · DecisionDepot

Gett v. McManus

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1873 No. No. 3,909Published

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Holding. Improvements erected by a lessee under the terms of a lease become part of the freehold and pass to the lessor's successor in interest upon conveyance of the property.

Issues

Whether improvements made by a lessee under a lease constitute personal chattels or part of the freehold.

Disposition. Reversed and remanded with directions to dismiss.

Synopsis

Improvements made by Tenant.—When it is provided in a lease, that improvements made on the premises during the term of the lease, shall be made at the expense of the tenant, and that at tire expiration of the term he shall surrender the premises to the lessor, all improvements made by the tenant which become a part of the freehold, are the property of the landlord.

By the Court: The improvements erected by Gett, under the terms of the lease he obtained from Platt, became part of the freehold, and were the property of the lessor, and so passed by [58]his deed to McManus. There is nothing appearing in the circumstances of this case which could operate to change the character of the improvements in this respect or constitute them the mere personal chattels of the plaintiff.

Judgment reversed and cause remanded with directions to dismiss the action.

Gett v. McManus

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