47-06-04. Fixtures - When tenant may remove

47-06-04. Fixtures - When tenant may remove

When a person affixes that person's property to the land of another without an agreement

permitting that person to remove it, the thing affixed belongs to the owner of the land, unless the

owner of the land chooses to require the former to remove it. A tenant may remove from the

demised premises, anytime during the continuance of the tenant's term, anything affixed

thereto, for the purpose of trade, manufacture, ornament, or domestic use, if the removal can be

effected without injury to the premises, unless the thing has become an integral part of the

premises by the manner in which it is affixed. When any tenant upon agricultural land shall have

built, erected, or placed upon such leased premises during the tenant's tenancy, any grain bin,

granary, or structure for the purpose of housing grain, and no written agreement between the

landlord and the tenant has been made as to its removal, the tenant may remove the same at

any time within eight months after the termination of the tenant's lease and the vacating of said

premises. The tenant shall not have said right of removal as against the owner or holder of any

mortgage, deed, or conveyance which shall have been filed and recorded after the building,

erection, or placing of such bin, granary, or structure, unless such tenant, within sixty days after

such building, erecting, or placing, shall have filed in the office of the recorder a written notice

describing the land, the character of the structure, and stating that the tenant intends to remove

such structure as provided by law.