Maxim 5.2.30
Hanging fruits make part of the land.
Source: Dig. 6, 1, 44; 2 Bouv. Inst. n. 1578; Weisman, 70t
Explanation
Unharvested crops are part of the real property — they pass with the land in a conveyance and are treated as realty until severed.
Where this applies
- A home is sold and a dispute arises over whether the unharvested crops go with the land.
- A tenant claims fruit still on the trees, but it is treated as part of the realty.
Cite this maxim
NeCede Max. 5.2.30 — Hanging fruits make part of the land. — Dig. 6, 1, 44; 2 Bouv. Inst. n. 1578; Weisman, 70t
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