This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
The law relating to manure is sometimes spoken of as subject to the principles which control in the case of fixtures, but it is, for the most part, the result of entirely different considerations, based partly upon public policy, and partly upon the duties which a tenant owes to his landlord properly to cultivate the land.
The courts have always regarded it as a matter of public policy, to prevent the impoverishment of land, that manure made upon land as a result of feeding to stock part of the crops raised on the land should not be removed therefrom, and, in furtherance of this view, manure so made, if still on the land, has been held to pass by a conveyance of the land, in the absence of any stipulation to the contrary.3 On a like theory, it has been held that a mortgagor cannot, at least after condition broken, remove manure made on the land.4 Since the theory on which this rule is based does not apply in the case of manure which is rot the product of crops raised on the premises, as when the land is not used for agricultural purposes, or the stock is fed
2c. Tenant v. Goldwin, 1 Salk
360, 6 Mod. 314, 2 Ld. Raym. 1091; Jackson v. Bruns, 129 Iowa. 616, 3 L. R. A.( N .S.) 510, 106 N. W; Pierce v. Dyer, 109 Mass. 374, 12 Am. Rep. 716.
2d. Post, Sec. 370.
3. Norton v. Craig, 68 Me. 275; Needham v. Allison, 24 N. H. 355; Kittredge v. Woods, 3 N. H. 503. 14 Am. Dec. 393; Goodrich v. Jones, 2 Hill (N. Y.) 142: Wetherbee v. Ellison, 19 Vt. 379. Contra, Ruckman v. Outwater, 28 N,. J L. 581. The rule thus applicable as between grantor and grantee is not, it seems, affected by the question whether the manure is in heaps or is scattered about the premises. See post, this section note 8.
4. Chase v. Wingate, 68 Me. 204, 28 Am Rep. 36.
Sec. 277] executor, while, if it lies scattered on the ground, it is parcel of the freehold, and this statement is repeated by writers of authority without dissent.12 This seems a reasonable view of the question; manure scattered over the land as it has fallen being thus treated as if it were part of the soil, while, if gathered by the landowner into heaps, so as to be separate from the soil, it becomes a chattel, as is the case with earth or rock under the same circumstances.13 It has, however, been held in at least one case in this country that manure made from crops grown on the land goes to the heir as real property, and not to the personal representative as personalty;14 and it has also been decided that manure made on a farm, and piled thereon in heaps, is not subject to execution as a chattel.15
Rights of enjoyment.