Also known as: annex · annexes · annexed · annexing · annexations · annexation of territory
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A formal act by which a nation, state, or municipality incorporates land within its dominion. The annexed land itself becomes part of the annexing entity's territory.
A formal act by which a nation, state, or municipality incorporates land within its dominion. The annexed land itself becomes part of the annexing entity's territory.
The City of Fairview completed annexation of a neighboring parcel. When a neighboring county challenged the boundary change in its own courts, the city offered the annexation ordinance authenticated by the state seal. The court admitted the document under full faith and credit rules and treated the annexation as effective.
The Town of Easton annexed a strip of unincorporated land along its western edge. Property owners sued in federal court claiming the annexation violated state procedural requirements. The court upheld the annexation after reviewing the municipal records under applicable federal standards.
The attachment of personal property to real property so that it becomes a fixture. A tenant may remove permissible annexations if the property can be restored to its former condition.
Avalon Pharmaceuticals bolted specialized lab benches into the floor of its leased facility. When the landlord later foreclosed, the court treated the benches as annexed fixtures because removal would damage the realty. The security interest in the benches lost priority to the mortgage.
Anita Ali installed removable shelving units in her leased retail space. After the lease ended she detached the units and restored the walls. The landlord could not claim the units as annexed fixtures because removal left the premises in their original condition.
The attachment of personal property to real property so that it becomes a fixture. A tenant may remove permissible annexations if the property can be restored to its former condition.
Each sense below has its own examples, sources, and questions.
Apollo Energy sought to annex acreage near its drilling site for an operations yard. Opponents argued the annexation process violated state procedural safeguards. The court sustained the annexation after confirming that the required public notices and hearings had occurred.
Municipal annexation incorporates land into a city or state's territory by formal act. Fixture annexation attaches personal property to realty so that it becomes part of the land under property law rules.
The ordinance is proved by the attestation of the clerk and seal of the issuing court or office, together with a judge's certificate that the attestation is in proper form, giving it full faith and credit.
Azure Solutions installed hydraulic lifts in a leased garage by bolting them permanently into the concrete. Upon default the secured creditor could not remove the lifts without damage. The court held the lifts had become annexed fixtures subject to the landlord's prior mortgage.
A tenant may remove permissible annexations if the leased property can be restored to its former condition and removal occurs within the time allowed by the lease or applicable rules.
Annexation alone does not create fixture status. The equipment must become so related to the real property that an interest arises under real property law, considering degree of annexation, adaptation, and intent.
Removal without landlord consent constitutes a breach of the tenant's obligation. The landlord may recover damages or obtain other remedies provided by the lease or law.
…exclude industries, theatres, banks, shops, and the various other uses set forth in respect of U-4 to U-6, inclusive.[^maj-1] Annexed to the ordinance, and made a part of it, is a zone map, showing the location and limits of the various use, height and area districts, from which it appears that the three classes overlap…