California courts apply five tests to determine what a game is and what is not. These standards are called Acronym M-A-R-I-A. The parties may conclude an agreement on the nature of a property to be used with immovable property. Laws confer this right in some jurisdictions and these agreements are applicable if the rights of third parties are not violated. The owner has some protection. All damage caused to the property by the removal of commercial devices by the tenant must be repaired or paid for by the tenant. If a commercial device is not removed, if the tenant moves, these commercial devices become the property of the lessor through the membership process. For example, when a restaurant goes bankrupt and the owner waives his right and the cost of removing all kitchen utensils, dining cabins and other commercial facilities, these commercial facilities become the property of the owner. In this way, they will no longer be commercial devices and can effectively become regular fixtures, i.e. real estate.
Since the value of furniture often exceeds the value of the country on which it is installed, recourse is common to determine whether a given object is land or a device. In one case in Canada, a provincial government argued that a huge land dam was a chatter because it is only held in place by gravity and not by any type of facility (the claim was dismissed). In case of sale of land, the furniture is treated as part of the land and cannot be removed or modified by the seller before the transfer of the land. The economic logic behind this exception for commercial devices is based on the premise that if tenants could not remove it, landlords would be responsible for equipping their tenants with such equipment and materials. 2. And if the furniture is added for the purpose of “trade, manufacture, ornament or domestic use”, unless it is installed in such a way as to “form an integral part of the premises”. CC 1019; Alden v Mayfield (1912) 163 C. 793.
Obviously, it`s a matter of what that means, but the dishes took the slab glass and marble attached to a building facade for furniture; a paint injection booth installed in a gas station became a device. On the other hand, stalls and bars simply placed at the back of a restaurant are usually not furniture, unless they are somehow “integrated” into the premises, for example.B the walls and floors that surround them are modified. And even if it turns out to be appropriate, an agreement authorizing deletion will replace this doctrine. In the absence of an agreement between the parties, the doctrine of devices works, subject to the law on the rules of competition on the ownership of property . . .