Legal Definitions - away-going crops

Away-going crops refers to agricultural crops that have been planted by a tenant farmer but will not mature and be ready for harvest until after their lease or tenancy on the land has officially ended. This legal concept often grants the former tenant a right to re-enter the land to harvest these crops, or a right to receive compensation for them from the new tenant or landowner.

Here are some examples to illustrate this concept:

• Example 1: Agricultural Lease Expiration

  Imagine a farmer, Ms. Chen, leases a plot of land for a one-year term, with the lease expiring on December 31st. In October, knowing she will not renew the lease, Ms. Chen plants a field of winter rye, which is a crop typically harvested in late spring or early summer of the following year. When her lease ends on December 31st, the rye plants are still small and far from mature. These immature rye plants are considered away-going crops. Ms. Chen would typically have a legal right, either by agreement or local custom, to return to the land in the spring to harvest the rye, or to be compensated by the new tenant or landowner for the value of the crop she planted.

• Example 2: Farm Sale with Existing Plantings

  Mr. Davies sells his family farm to a new owner, Ms. Rodriguez, with the closing date set for March 15th. In the previous fall, before deciding to sell, Mr. Davies had planted several acres of garlic, a crop that takes many months to mature and is usually harvested in late summer. When Ms. Rodriguez takes possession of the farm in March, the garlic plants are growing but are not yet ready for harvest. The garlic crop constitutes away-going crops. The sales agreement would typically specify how these crops are handled, perhaps allowing Mr. Davies to return to harvest them later in the year, or Ms. Rodriguez might purchase the right to harvest them as part of the farm sale.

• Example 3: Early Termination of Tenancy

  A tenant farmer, Mr. Kim, has a multi-year lease on a large field. Due to unforeseen circumstances, the landowner decides to terminate Mr. Kim's lease early, effective July 1st. However, Mr. Kim had already planted a substantial field of soybeans in May, which will not be ready for harvest until September or October. Since the soybeans will mature after his tenancy has ended, they are considered away-going crops. Mr. Kim would likely have a legal claim to either return to harvest the soybeans when they are ready or receive financial compensation for the value of the crop from the landowner, as he invested the labor and resources into planting them.