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NeCede's

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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