Crops


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Crops

Commodities produced from the earth which are planted, raised, and gathered within the course of a single season.Crops might be produced either naturally or under cultivation. This distinction becomes important when determining whether a crop is to be sold as Personal Property or as real estate, and also in terms of how crops are to be devised.

Fructus naturales are crops that are produced by the powers of nature alone, without any harvesting methods. They include fruit trees, berries growing on bushes, and hay growing spontaneously from perennial roots. They are considered real property when they are not severed from the land, but personal property when severed.

Fructus industriales, or emblements, are annual crops that are raised by yearly labor and owe their existence to human intervention and cultivation. Such crops include wheat, corn, and vegetables. Authorities differ as to whether they constitute real or personal property.

The ownership of crops is generally held to be in the owner of the land, whether the crops are natural or cultivated. The owner may voluntarily choose to sever and sell the crops, without being obligated to sell the land upon which they are grown. The situation often arises in which the land belongs to one person and the crops belong to another, such as in the case of one person leasing land from another person. In such a case, whoever is in possession of the land subject to the consent of the owner may take and carry away the products of land resulting from his or her own care and labor.

Ordinarily, crops that are attached to land at the time of a sale pass automatically to the buyer, except where the owner has provided to the contrary. Someone disposing of land may, therefore, stipulate the retention of the title to the crops.

It has been widely held that a trespasser who enters another person's land and cultivates crops does not acquire title to them, since the owner is lawfully entitled to full possession and enjoyment of his or her property. Some authorities have held that as long as crops planted by an intruder remain unsevered, they are the property of the owner of the land upon which they are planted, whereas severed crops belong to the trespasser if he or she possesses the land when the crops are ready to be harvested.

Cross-references

Agricultural Law.

References in classic literature ?
Ancient poetry and mythology suggest, at least, that husbandry was once a sacred art; but it is pursued with irreverent haste and heedlessness by us, our object being to have large farms and large crops merely.
So your Uncle Roger says the more old maids the more cats, and the more cats the fewer field-mice, and the fewer field-mice the more bumble-bees, and the more bumble-bees the better clover crops.
The Sheikh of the village spoke of the crops from which the rulers of all lands draw revenue; but the Governor's eyes were fixed, between his horse's ears, on the nearest water-channel.
And if there's a good crop you shall have half a rouble for every acre.
Just look at this piece of ground--four crops a year, an' every inch of soil workin' over time.
The crop was, however, enormous and brought high prices.
It always makes me think of a ship sailing into port, Nellie," Rose had once exclaimed, "the crop coming in.
Three minutes later he was telling me that the condition of the maize crop was something disgraceful, and that the railway companies would not pay him enough for his timber.
Uncle Henry grew poorer every year, and the crops raised on the farm only bought food for the family.
However, as my arable land was but small, suited to my crop, I got it totally well fenced in about three weeks' time; and shooting some of the creatures in the daytime, I set my dog to guard it in the night, tying him up to a stake at the gate, where he would stand and bark all night long; so in a little time the enemies forsook the place, and the corn grew very strong and well, and began to ripen apace.
Think how this left us; a man, a woman and two children, to gather a crop that was planted by so much greater force, yes, and pro- tect it night and day from pigeons and prowling animals that be sacred and must not be hurt by any of our sort.
The brood had almost grown to their full strength and attained the use of their wings and the full plumage of their feathers, when the owner of the field, looking over his ripe crop, said, "The time has come when I must ask all my neighbors to help me with my harvest.