By increase of the earth we mean the product which grows thereupon either with or without man's assistance.
We are to consider in this chapter the character of those things which grow upon the earth. They may be broadly defined into those things which reproduce themselves perennially and those things which are produced in yearly crops by man's toil. Those fruits of the earth which grow without yearly planting, as vines, trees and grasses are called fructus naturales. Those which are produced by man's toil are called fructus industriales.
Those things which grow perennially as trees, vines, grasses and the like are real property for all purposes.
Trees except those planted for nursery purposes are a part of the real estate and to be considered as a part of the real property for all purposes. This is true of vines, grasses, and the produce of every sort which is of a perennial nature.35
35. Owens v. Lewis, 46 Ind. 488. There is some authority that a contract of sale of standing trees is a sale of personalty but in most jurisdictions, it is considered a sale of realty. Clearly a sale of logs or lumber is a sale of personalty although the vendor may have to reduce growing timber into the lumber or logs in order to perform his contract.
As between the buyer and seller of land, crops pass with the sale unless reserved.
Crops, whether they are mature or immature, pass with the sale of the land unless reserved at the time and the buyer may claim them as a part of the real estate.36
The mortgagor is entitled to the crops except upon default.
In the mortgage of the land the crops are to be considered as a part of the real estate. But it must be noticed that the mortgagee has no right to the crops so long as the debt is immature and the mortgagor is in possession. The mortgagee cannot claim the crops in any case even where default has occurred except to reduce the debt.37
The tenant is entitled to the crops except where he plants them to mature after the tenancy ceases.
A tenant is entitled to crops planted by him unless he plants crops to mature after his term is at an end. Where the tenancy is of an indefinite duration the tenant cannot be deprived of the crops which he has been permitted by the landlord to plant, by the landlord's termination of the tenancy.38
36. Firebaugh v. Divan, 207 111. 287.
37. Wooten v. White, 90 Md. 64.
38. Bittinger v. Baker, 29 Pa. St. 66.
Crops are considered as personal property for purposes of the sale of the crops.
Growing crops may be sold as personal property.29
Crops are personal property for the purpose of levy by an officer of the law under an execution.
Crops are to be considered as personalty for the purpose indicated.40
39. Davis v. McFarlane, 37 Cal. 634.
40. Polley v. Johnson, 32 Kan. 478.