Legal Definitions - fructus pendentes

fructus pendentes refers to natural produce, such as crops or fruits, that are still attached to the land or the plant that produced them. Until they are harvested or separated, these items are considered part of the real estate itself.

• Example 1: Sale of an Apple Orchard

  Imagine a landowner sells a property that includes an apple orchard. At the time the sale agreement is finalized and the property changes hands, the apple trees are full of ripe apples, but none have been picked yet. These apples are considered fructus pendentes because they are still physically attached to the trees, which are part of the land being sold. Until they are harvested, they are treated as part of the real estate itself, and typically transfer with the land to the new owner.

• Example 2: Leased Farmland with Growing Crops

  Consider a situation where a farmer leases a parcel of land for the growing season. In mid-summer, the corn stalks are tall and the ears are developing, but the crop is not yet mature enough for harvest. The corn, while growing, is fructus pendentes. It is still united with the soil and the plant that produces it. It will only become the farmer's personal property once it is severed from the land during harvest, according to the terms of the lease.

• Example 3: Vineyard Acquisition

  A large winery decides to purchase a smaller, independent vineyard. On the closing date of the transaction, thousands of grape bunches are hanging on the vines, still several weeks away from being ready for picking and wine production. These grapes on the vines are fructus pendentes. They are an integral part of the vineyard's real estate until they are harvested. Their status as "hanging fruits" means they are considered part of the land in the transaction, typically transferring to the new winery as part of the property.