2. The immovable property generally described in Annex A and all the equipment and machinery and all the marks of the Albert Schwend and Sons partnership shall be the subject of these proceedings and shall be allocated among the parties as follows, subject to the provisions of this Agreement: the Court of Justice has never examined the specific question whether an irrigation system is an installation. However, there are several other jurisdictions that have done so, and it is apparent from our analysis of these cases that other jurisdictions continue to apply the annexation, adaptation and intent factors of the Fixtures test, with particular emphasis on the intent of the person who initially placed the personality in the property, on the specific facts of each case. The Washington Court applied the tests of annexation, adaptation and intent; The complainant acknowledged, however, that the system was adapted to the terrain and the Tribunal had not discussed this factor in its decision. The Court concluded that because of its concrete centre and groundwater pipes, as well as the specific adaptation of each system to the topography of the country it watered, the system had been installed on the land. See Western Ag , 716 p.2d at 312-13. Marvin and Charles argue that the Oregon johnson v. Hicks case (Or. App. 1981), 626 p.2d 938, was to preside over the decision of that court. In fact, the respondent and the complainant were neighbours who shared an irrigation system. The complainant and her husband divorced; A decade later, the respondent, related by marriage to the complainant`s former husband, moved the main line of the irrigation system, located just within the boundary of the complainant`s property, six feet north and west, so that it no longer crossed the complainant`s land.
There were some differences of opinion among witnesses at trial as to whether the primary direction transferred by the defendant was underground or not. The rights to 1500 feet of “mobile” aluminum tube used to distribute water from the main pipe to the complainant`s pasture were not challenged by the parties. We come to the conclusion that since the pipe was only attached to the climb pipes during the irrigation season and stacked in case of non-use, there has never been a real annexation of the pipe in the country. The pipe was also not constructively connected to the country because it was useful next to the country, as shown in Les` statement that the pipe was used on other ranch land. It was also easy and easily replaceable by other pipes, as shown by the fact that the tube borrowed by a cousin was used in combination with the rest of the irrigation system. Thus, the pipe was not connected to the country. In determining whether or not an object has become a device, we consider the following factors: “(1) Annexation to the immovable property, (2) adaptation to the use of the property, and (3) intention that the object becomes a permanent membership of the country. Of these three, the intention of the parties has the greatest weight and is the controlling factor. The Idaho Court applied the tests of annexation, adaptation, and intent. . .
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