In a deed to agricultural property the boundaries should be clearly determined. The question, What does the farmer get? is answered by these boundaries, and the deed to a farm always includes the dwelling houses, barns and other improvements thereon belonging to the grantor, even though these are not mentioned. It also conveys all the fences standing on the farm, but all might not think it also included the fencing-stuff, posts, rails, etc., which had once been used in the fence, but had been taken down and piled up for future use again in the same place. But new fencing material, just bought, and never attached to the soil, would not pass. So piles of hop poles, stored away, if once used on the land, and intended to be again so used, have been considered a part of it, but loose boards or scaffold poles, merely laid across the beams of a barn and never fastened to it, would not be, and the seller of the farm might take them away. Standing trees, of course, also pass as part of the land; so do trees blown down or cut down, and still left in the woods where they fell, but not if cut and corded up for sale; the wood has then become personal property.

If there be any manure in the barnyard or in the compost heap on the field, ready for immediate use the buyer ordinarily, in the absence of any contrary agreement, takes that also as belonging to the farm, though it might not be so if the owner had previously sold it to some other party, and had collected it together in a heap by itself, for such an act might be a technical severance from the soil, and so convert real into personal estate; and even a lessee of a farm could take away the manure made on the place while he was in occupation. Growing crops also pass by the deed of a farm unless they are expressly reserved, and when it is not intended to convey those it should be so stated in the deed itself; a mere oral agreement to that effect would not be in most States valid in law. Another mode is to stipulate that possession is not to be given until some future day, in which case the crops or manures may be removed before that time.

An adjoining road is, to its middle, owned by the farmer whose land is bound, unless there are reservations to the contrary in the deeds through which he derives title. But this ownership is subject to the right of the public to the use of the road.

If a tree grows so as to come over the land of a neighbor, the latter may cut away the parts which so come over, for he owns his land and all that is above or below it. If it be a fruit tree, he may cut every branch or twig which comes over his land, but he cannot touch the fruit which falls to the land. The owner of the tree may enter peaceably upon the land of the neighbor and take up the branches and fruit.