Johnson v. Hicks
Oregon Court of Appeals
626 P.2d 938 (1981)
In 1964, Neil Hicks (defendant) and Hoy Johnson (then-husband of Margaret Johnson (plaintiff)) jointly installed a moveable aluminum-pipe irrigation system along their neighboring properties' boundary, with Mr. Johnson testifying the system was meant to be permanent; part of the pipe sat on the Johnsons' land. After the Johnsons' 1969 divorce, Margaret received the family home and land, and Mr. Johnson continued ensuring her access to the irrigation system and refused to let Hicks remove it. Margaret continued using the system until 1979, when Hicks entered her property and removed the pipe onto his own land; she sued for an injunction to restore it, but the trial court found she had not proven a right to use the system and dismissed her claims.
Whether an article used in connection with real property is a fixture and part of the land if the circumstances of installation suggest that the installing parties intended the article to be permanent.