Case Citation
Legal Case Name

JOHNSON v. HICKS Case Brief

Court of Appeals of Oregon1981
626 P.2d 938 51 Or.App. 667

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Case Brief Summary & Legal Analysis

General Brief
3 min read

tl;dr: After a woman’s ex-brother-in-law removed an irrigation pipe from her property, the court held the pipe was a permanent fixture. It had passed to her with the land in her divorce, and she was entitled to have it restored.

Legal Significance: This case affirms that the annexor’s intent at the time of installation is the controlling factor in fixture analysis. A subsequent private agreement characterizing an item as personalty is not binding on a subsequent owner of the realty who lacks notice.

JOHNSON v. HICKS Law School Study Guide

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Case Facts & Court Holding

Key Facts & Case Background

In 1964, plaintiff’s then-husband, Hoy Johnson, and his brother-in-law, defendant Neil Hicks, jointly installed an irrigation system to serve their adjoining properties. They shared costs and labor. The system was substantially affixed to the land, with portions running underground. In 1967, amid marital problems between plaintiff and Hoy, Hoy and Hicks signed a private agreement declaring the system to be their joint personal property. Plaintiff was unaware of this agreement. In 1969, plaintiff and Hoy divorced. The decree awarded plaintiff the family home and the land upon which a portion of the irrigation pipe rested. For the next ten years, plaintiff continued to use the water from the system without contributing to its costs. In 1979, defendant Hicks entered plaintiff’s property, removed approximately 140 feet of the pipe, and relocated it onto his and another defendant’s land, cutting off plaintiff’s water access. Plaintiff sued for a mandatory injunction to restore the pipe.

Court Holding & Legal Precedent

Issue: Did a portion of an irrigation system become a fixture that passed with the title to real property, notwithstanding a subsequent agreement between the original installers characterizing it as personalty, of which the new property owner had no notice?

Yes. The irrigation pipe was a fixture and became part of the Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris ni

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IRAC Legal Analysis

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IRAC (Issue, Rule, Analysis, Conclusion) is the exact format professors want to see in your exam answers. Our exclusive Flash-to-Full briefs combine holding, analysis, and rule statements formatted to match what A+ students produce in exams. These structured briefs help reinforce the essential legal reasoning patterns expected in law school.

Legal Issue

Did a portion of an irrigation system become a fixture that passed with the title to real property, notwithstanding a subsequent agreement between the original installers characterizing it as personalty, of which the new property owner had no notice?

Conclusion

This decision provides a clear application of the fixture doctrine, establishing that Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nos

Legal Rule

To determine if an article is a fixture, courts analyze: (1) the Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit an

Legal Analysis

The court applied the three-part test for fixtures, emphasizing that intent at Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation

Flash-to-Full Case Opinions

Flash Summary

  • An irrigation pipe installed to benefit the land is a fixture,
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit

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