Module 3.2: Natural Attachments

Question 1

Attachments

Answer 1

Things attached to the land (like buildings and fences) and things growing on the land (like trees and shrubs) are called attachments

Question 2

2 main categories of attachments

Answer 2

1) natural attachments (such as trees and crops), and

2) man-made attachments (fixtures).

Question 3

2 types of natural attachments

Answer 3

1) naturally occurring plants (fructus naturales), and

2) plants grown and cultivated by people ( fructus industriales).

Question 4

Fructus naturales (“fruits of nature”)

Answer 4

trees, shrubs, vines, and crops that grow without the assistance of human beings.

Question 5

Ex Fructus Naturales:

Answer 5

oak tree found on the property

Question 6

T/F: Trees and plants that occur in nature are considered part of the property and transfer with the property unless otherwise reserved

Answer 6

True

Question 7

Fructus industriales (“fruits of industry”)

Answer 7

crops that have been planted or cultivated by human beings

Question 8

Ex Fructus industriales:

Answer 8

apple orchard – particularly if the property owner has pruned the trees, sprayed for insects, and otherwise cultivated the apples

Question 9

T/F: Plants grown and cultivated by people may be considered personal property and do not automatically transfer with the real property

Answer 9

True

Question 10

In California, ____ crops are considered real property

Answer 10

unharvested

Question 11

Unharvested crops transfer automatically with the land when it is sold or otherwise conveyed unless

Answer 11

hey are expressly reserved by the seller (in writing)

Question 12

When do crops become personal property

Answer 12

only once they have been harvested—or upon constructive severance.

Question 13

Constructive severance

Answer 13

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

Question 14

Ex constructive severence

Answer 14

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.

Question 15

In addition to crops, property interests that can be constructively severed from real property include:
1.
2.
3.

Answer 15

mineral rights, air rights, and oil and gas rights

Question 16

Any contract of sale for growing crops is considered a contract of sale for _____ property, not ___

Answer 16

personal;

realty

Question 17

UCC

Answer 17

Uniform Commercial Code

Question 18

any crops and timber subject to sales contracts are considered ___ under the UCC

Answer 18

goods

Question 19

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.

Answer 19

True

Question 20

Ex Contstructive severence

Answer 20

a seller may expressly reserve a growing crop for himself

Question 21

T/F constructive severence does not need to be in writing

Answer 21

false

Question 22

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.

Answer 22

True

*this = constructive severence

Question 23

Any crops harvested before the buyer takes title or possession are ___’s personal property.

Answer 23

the seller’s

Question 24

T/F: Tenant farmer is entitled to the crops she produces during the term of her lease

Answer 24

True

State law provides that “products of a thing hired, during the hiring, belong to the hirer.”

Question 25

T/F: Tenant farmer is entitled to crops harvested after end of lease

Answer 25

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

Question 26

T/F: Tenant farmer is only entitled to the crops that can be harvested before the end of the lease term

Answer 26

True

Question 27

T/F: Typically, the right for a tenant to harvest plants on a property ends when the tenants lease ends

Answer 27

True

Question 28

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

Answer 28

doctrine of emblements

Question 29

The doctrin of emblements prevents

Answer 29

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

Question 30

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

Answer 30

infinite;

terminated

Question 31

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

Answer 31

True

Question 32

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

Answer 32

True

Question 33

profit à prendre

Answer 33

the right to enter another’s land to remove the soil or a product of the soil, such as oil, gas, crops, or timber

Question 34

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

Answer 34

Either A or B

Question 35

The right to harvest a crop can be sold separately from the rest of the land = ____

Answer 35

constructive severence

Question 36

A person or company with ____ ____ actually owns the land (or interest in the land) that was the subject of that severance

Answer 36

separate title

Question 37

T/F: constructive severance may involve the transfer of separate title

Answer 37

True

Question 38

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

Answer 38

entry and mining

Question 39

SUMMARY: Constructive Severence

Answer 39

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.

Question 40

SUMMARY: Doctrine of emblements

Answer 40

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.

Question 41

SUMMARY: profit à prendre

Answer 41

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.

Question 42

QUIZ:

T/F: Plants that are cultivated by farmers are known as fructus naturales.

Answer 42

False

Fructus naturales grow without the help of people. Crops that have been cultivated are known as fructus industriales.

Question 43

QUIZ:

T/F: Crops can become personal property either when they are harvested or upon constructive severance.

Answer 43

True

The right to harvest a crop can be sold separately from the rest of the land. This is known as constructive severance.

Question 44

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.

Answer 44

True

A tenant farmer’s right to harvest crops ends when a fixed lease term ends.

Question 45

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.

Answer 45

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.

Question 46

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.

Answer 46

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.