Module 3.2: Natural Attachments Flashcards
Attachments
Things attached to the land (like buildings and fences) and things growing on the land (like trees and shrubs) are called attachments
2 main categories of attachments
1) natural attachments (such as trees and crops), and
2) man-made attachments (fixtures).
2 types of natural attachments
1) naturally occurring plants (fructus naturales), and
2) plants grown and cultivated by people ( fructus industriales).
Fructus naturales (“fruits of nature”)
trees, shrubs, vines, and crops that grow without the assistance of human beings.
Ex Fructus Naturales:
oak tree found on the property
T/F: Trees and plants that occur in nature are considered part of the property and transfer with the property unless otherwise reserved
True
Fructus industriales (“fruits of industry”)
crops that have been planted or cultivated by human beings
Ex Fructus industriales:
apple orchard – particularly if the property owner has pruned the trees, sprayed for insects, and otherwise cultivated the apples
T/F: Plants grown and cultivated by people may be considered personal property and do not automatically transfer with the real property
True
In California, ____ crops are considered real property
unharvested
Unharvested crops transfer automatically with the land when it is sold or otherwise conveyed unless
hey are expressly reserved by the seller (in writing)
When do crops become personal property
only once they have been harvested—or upon constructive severance.
Constructive severance
occurs when an interest in land is sold separately from the real property, but the interest in question remains in, on, or attached to the land itself
Ex constructive severence
the sale in July of the right to harvest a crop in October results in a constructive severance of the crop from the real property
– Once the right to harvest the crop has been sold, the crop becomes the personal property of the person holding the interest, even though the crop remains attached to the land.
In addition to crops, property interests that can be constructively severed from real property include:
1.
2.
3.
mineral rights, air rights, and oil and gas rights
Any contract of sale for growing crops is considered a contract of sale for _____ property, not ___
personal;
realty
UCC
Uniform Commercial Code
any crops and timber subject to sales contracts are considered ___ under the UCC
goods
T/F: Sales of any crops and timber considered goods are governed by the UCC, even when the crops and timber are still attached to the land.
True
Ex Contstructive severence
a seller may expressly reserve a growing crop for himself
T/F constructive severence does not need to be in writing
false
T/F: Growing crops are normally considered part of the realty and transfer automatically with the land. However, a seller may expressly reserve a growing crop for himself.
True
*this = constructive severence
Any crops harvested before the buyer takes title or possession are ___’s personal property.
the seller’s
T/F: Tenant farmer is entitled to the crops she produces during the term of her lease
True
State law provides that “products of a thing hired, during the hiring, belong to the hirer.”
T/F: Tenant farmer is entitled to crops harvested after end of lease
False
Requiring the landlord to provide use of his land after the lease term, without compensation, would be unfair since the tenant knew her lease was ending
T/F: Tenant farmer is only entitled to the crops that can be harvested before the end of the lease term
True
T/F: Typically, the right for a tenant to harvest plants on a property ends when the tenants lease ends
True
When a farmer leases land for an indefinite period of time, through the ______, if the tenancy is terminated —through no fault of the tenant — before the crop is ready for harvest, the tenant has the right to re-enter the land and harvest the crop
doctrine of emblements
The doctrin of emblements prevents
a landlord from waiting for a crop to mature and then terminating the tenant’s lease before the tenant has a chance to harvest it
Ex: month-to-month lease continued for many years until owner suddenly announces he is terminating the lease & tenant has until Sept 1 to vacate even though the last crop wont be ready to harvest until the end of Sept….
***in this case, under the doctrine of emblements, tenant is entitled to re-enter after Sept 1 to harvest what he already planted because the lease was for an ____ period of time and is now ____ through no fault of his own
infinite;
terminated
T/F: Doctrine of emblements does not apply to a crop of wild strawberries on tenant’s land which tenant did not plant or cultivate
True
T/F: if the crop is one that produces multiple crops for harvest throughout the year, the doctrine of emblements applies only to the first crop that matures after the lease has ended
True
profit à prendre
the right to enter another’s land to remove the soil or a product of the soil, such as oil, gas, crops, or timber
When do crops become personal property? A. Upon constructive severance B. When they are harvested C. When they are planted D. Either A or B
Either A or B
The right to harvest a crop can be sold separately from the rest of the land = ____
constructive severence
A person or company with ____ ____ actually owns the land (or interest in the land) that was the subject of that severance
separate title
T/F: constructive severance may involve the transfer of separate title
True
Eagle Mining Company buys the right to enter Zimmerman’s 400-acre property to mine for iron.
Eagle’s right is limited to ____ and ____, not to possess or encumber the land. Eagle holds a profit à prendre
entry and mining
SUMMARY: Constructive Severence
Constructive severance occurs when an interest in the land has been sold or transferred separately from the real property, but the interest in question still remains in, on, or attached to the land itself.
SUMMARY: Doctrine of emblements
The doctrine of emblements refers to the right of a tenant farmer, under a lease of unspecified length, to re-enter a property to harvest the first crop that matures after termination of his lease.
SUMMARY: profit à prendre
A profit à prendre is the right to enter another’s land to remove the soil or a product of the soil, such as oil, gas, crops, or timber.
A profit à prendre is a property interest, but it is not a form of ownership of real property.
QUIZ:
T/F: Plants that are cultivated by farmers are known as fructus naturales.
False
Fructus naturales grow without the help of people. Crops that have been cultivated are known as fructus industriales.
QUIZ:
T/F: Crops can become personal property either when they are harvested or upon constructive severance.
True
The right to harvest a crop can be sold separately from the rest of the land. This is known as constructive severance.
QUIZ:
T/F: If a lease has a fixed term, the tenant farmer may not re-enter the property after the end of the lease to harvest crops.
True
A tenant farmer’s right to harvest crops ends when a fixed lease term ends.
QUIZ:
T/F: The doctrine of emblements allows a tenant farmer to re-enter a property to harvest crops, if there is a lease of indefinite length that ends through no fault of the tenant.
True
The doctrine of emblements allows a tenant farmer to harvest crops after the lease terminates, as long as it is a tenancy for an indefinite period of time and it terminates through no fault of the tenant.
QUIZ:
T/F: If a landowner sells subsurface rights to his property to a mining company, that is an example of a profit a prendre.
False
If subsurface rights are sold, that is a transfer of separate title. A profit a prendre is a property interest, but it is not a form of ownership.