<P> Because the value of fixtures often exceeds the value of the land they are affixed to, lawsuits to determine whether a particular item is a chattel or a fixture are common . In one case in Canada, a provincial government argued that a huge earth dam was a chattel, as it was only held in place by gravity and not by any type of affixation (the claim was rejected). In a sale of land, fixtures are treated as part of the land, and may not be removed or altered by the seller prior to the transfer of the land . </P> <P> Fixtures are known in civil law as essential parts . </P> <P> An important exception to the usual treatment of fixtures is the category of trade fixtures (often called "chattel" fixtures)--chattels installed by a tenant on leased commercial property specifically for their use in a trade or business . These may always be removed by the tenant, so long as any damage to the structure caused by the removal is repaid or repaired . For example, business signage, display counters, store shelves, liquor bars, and machining equipment are often firmly, if not almost permanently, attached to the building or land . However, they remain personal property and can be removed by the tenant, since they are part of the tenant's business . </P> <P> The economic logic behind this exception for trade fixtures reckons that if tenants could not remove them, then landlords would bear the responsibility of outfitting their tenants with such equipment and materials . </P>

The tenant may remove trade fixtures that have been affixed to a building if