The law of trade fixtures derived as an exception to the somewhat confusing law of fixtures.
Planter's Bank v. Lummus Cotton Gin Co., 132 S.C. 16, 128 S.E. 876 (1925).
A fixture is generally defined as an article which was a chattel, but by being physically annexed to the realty by one having an interest in the soil becomes a part and parcel of it. By mere affixation the chattel does not become a fixture. The test for determining whether an item remains personalty or becomes a fixture include the following criteria: (1) mode of attachment, (2) character of the structure or article, (3) the intent of the parties making the annexation, and (4) the relationship of the parties.
Carson v. Living Word Outreach Ministries, Inc., 315 S.C. 64, 70, 431 S.E.2d 615, 618 (Ct.App.1993). As a general rule, whatever is once annexed to the freehold becomes part of it and cannot afterward be removed except by him who is entitled to the inheritance.
City of Greenville v. Washington American League Baseball Club, 205 S.C. 495, 32 S.E.2d 777 (1945). However, an important exception exists to this rule where the structures are erected or chattels are annexed for the purpose of trade or manufacture.
Id.
It has been said that the underlying reason why property placed on leased premises by the tenant for purposes of trade is regarded as personal rather than real is based upon the rule that the law implies an agreement that it shall remain personal property from the fact that the lessor contributed nothing thereto and should not be enriched at the expense of his tenant when it was placed upon the real estate of the landlord with his consent.
Id. at 511, 32 S.E.2d at 783 (emphasis added). The purpose of such a rule allowing a tenant to remove as a trade fixture that which has been apparently affixed to the land is to encourage trade and industry.
Carroll v. Britt, 227 S.C. 9, 86 S.E.2d 612 (1955).