Maxim 5.2.13
Hanging fruits are considered part of the land.
Fructus pendentes pars fundi videntur.
Source: Dig. 6.1.44; 2 Bouv. Inst. n. 1578; Weisman, 70t
Difficulty 3/5 — Intermediate
Explanation
Ungathered crops growing upon the land belong to the landowner — once severed, they become personal property.
Where this applies
- A buyer purchases a ten-acre orchard, and the seller tries to return the next week to harvest the ripe apples still on the trees — the unharvested fruit belongs to the new landowner because hanging fruits are part of the land.
- A tenant's lease expires while tomatoes are still ripening on vines planted in the landlord's soil — the ungathered crop belongs to the landowner, not the departing tenant, because unsevered produce is considered part of the land.
- A property is sold at a tax auction in September with a field of unpicked corn — the new owner takes the standing crop along with the land, because unharvested produce growing on the soil belongs to whoever owns the soil.
Legal domains
See also
Cite this maxim
NeCede Max. 5.2.13 — Hanging fruits are considered part of the land. — Dig. 6.1.44; 2 Bouv. Inst. n. 1578; Weisman, 70t (Fructus pendentes pars fundi videntur.)
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