26Right of tenant to remove buildings and fixtures erected by him with landlord's consent

26 Right of tenant to remove buildings and fixtures erected by him with landlord's consent

(1)  If any tenant of a farm or lands at his own cost and expense erects, with the consent in writing of the landlord for the time being, any farm-building, either detached or otherwise, or puts up any other building, engine, or machinery, either for agricultural purposes or for the purposes of trade and agriculture (which are not erected or put up in pursuance of some covenant or obligation in that behalf), then all such buildings, engines, and machinery shall be the property of the tenant and shall be removable by him, notwithstanding the same may consist of separate buildings, or that the same or any part thereof may be built in or permanently fixed to the soil, so as the tenant making any such removal do not in anywise injure the land or buildings belonging to the landlord, or otherwise put the same in like plight and condition, or in as good plight and condition as the same were in before the erection of anything so removed.

(2)  No tenant shall, under the provisions of this section, be entitled to remove any such matter or thing as aforesaid without first giving to the landlord or his agent one month's previous notice in writing of his intentions so to do; and thereupon it shall be lawful for the landlord, or his agent on his authority, to elect to purchase the matters and things so proposed to be removed or any of them; and the right to remove the same shall thereby cease, and the same shall belong to the landlord; and the value thereof shall be ascertained and determined by 2 referees, one to be chosen by each party, or by an umpire to be named by such referees, and shall be paid or allowed in account by the landlord who has so elected to purchase the same.