Legal Definitions - critter

In a legal context, crops refer to agricultural products that are cultivated, grown, and then gathered or harvested for use or sale. While typically associated with plants grown in the soil, the term also includes fruits grown on trees or vines. The legal classification of crops can be important for determining ownership, rights, and responsibilities, especially in real estate transactions, leases, or insurance claims.

Different types of crops have specific legal implications:

• Annual crops are those that are planted and harvested within a single year, requiring human labor and cultivation each season (e.g., corn, vegetables).
• Perennial crops grow year after year without needing to be replanted annually, though they still require care (e.g., fruit trees, berry bushes).
• Growing crops or standing crops refer to crops that are still attached to the land and have not yet been harvested. Their legal status can differ from harvested crops, especially in sales or property transfers.
• Away-going crops is a specific term for crops planted by a tenant that will not be ready for harvest until after their lease expires. In many jurisdictions, the tenant retains the right to harvest these crops even after their tenancy ends.

Here are some examples illustrating the legal concept of crops:

• Example 1: Large-Scale Grain Farming

  A large agricultural company owns thousands of acres planted with soybeans. In mid-summer, the soybean plants are fully developed but not yet dry enough for harvest. If the company were to sell the land at this stage, the sales contract would need to clearly define who has the right to the growing crops (the soybeans) once they are ready for collection. The soybeans, still attached to the land, are considered standing crops.

  This example demonstrates how crops, specifically those still in the process of growth and attached to the land, are legally recognized assets that must be accounted for in property transactions.

• Example 2: Tenant Vegetable Garden

  A tenant leases a small plot of land for nine months to grow various vegetables like tomatoes, peppers, and squash. They plant their garden in the spring, but their lease is set to expire in late fall, just as some of the later-maturing vegetables are reaching their peak. Under the principle of away-going crops, the tenant would typically retain the right to return to the land after their lease ends to harvest the remaining vegetables they cultivated, even though they are no longer the official tenant. These vegetables are considered annual crops.

  This illustrates how crops, particularly annual crops planted by a tenant, can create specific rights that extend beyond the formal end of a lease, acknowledging the labor and investment of the cultivator.

• Example 3: Commercial Vineyard

  A family operates a commercial vineyard, cultivating grapevines that produce fruit for wine production year after year. The grapes, although growing on perennial vines and not directly in the soil each season, are legally considered crops. If the family decides to take out a business loan and uses the upcoming grape harvest as collateral, the bank is securing its interest against these valuable perennial crops.

  This example clarifies that crops are not limited to plants grown directly in the soil but also include fruits from trees or vines, which are a type of perennial crop, and highlights their role as tangible assets in financial agreements.