West Coast Lumber Co. v. Apfield

Citations

• 86 Cal. 335
• 24 P. 993

Syllabus

<p>Mechanic’s Lien—Landlord and Tenant — Improvements on Leased Premises — Lien upon Land—Building Subject to Removal — Repayment op Lien. — When a tenant has erected a building on a leased lot, which largely increases the rental value of the premises, even if the building is subject to removal at the expiration of the lease, he cannot object on that ground to having the lien charged upon his interest in the land, if the lease provides that the building cannot he removed until all taxes, rents, and debts are paid, under which provision the landlord may insist that the amount of such lien paid to protect his realty shall he repaid before removal of the building.</p> <p>Id. — Construction op Lease — Appurtenances — Surrender — Removal op Improvements. —When a lease of a vacant lot by its terms demises the real property, with its appurtenances, and grants no express right to remove a building permanently erected thereupon, and the tenant covenants to surrender, at the expiration of the term, “in as good state and condition as reasonable wear and tear will permit, damage by the elements alone excepted,” the lease includes all buildings which may become appurtenant to the land by being imbedded in it and permanently resting upon it; and a proviso in the lease, that “no building shall be removed until the taxes shall he fully paid, and until all rents and indebtedness have been paid,” will not prevent such permanent buildings from becoming the property of the landlord; and there is no right of removal, except of such buildings as do not partake of the realty.</p> <p>Id.—Reformation op Lease — Rights of Bona Fide Lien-holders — Merger op Oral Negotiations. — If, by mistake, the parties to a lease have failed to express their intention in the making of the instrument, as to the removal of buildings by the lessee, it may be revised and reformed, as between the parties thereto, upon proper showing of the fact, hut it cannot be so done as to prejudice the rights of lien-holder