Legal Definitions - in fructu

in fructu

This Latin term, meaning "among the fruit," refers to the benefits or produce generated by an asset, rather than the asset itself. Historically, it described a situation where a person who possessed an item in good faith—meaning they genuinely believed they had a right to it, even if they didn't legally own it—was entitled to keep the regular yields or income derived from that item. However, they were not entitled to consume, sell, or destroy the principal asset itself.

• Example 1: Agricultural Land

  Consider a person who, through an honest mistake in property records, believes they own a small farm with an apple orchard. They diligently cultivate the land and harvest the apples for a season. Under the principle of in fructu, they would be entitled to keep and sell the apples (the "fruit") they harvested because their possession was in good faith. However, they would not have the right to sell the farm itself or cut down the apple trees for timber, as those represent the principal asset, not its yield.

• Example 2: Rental Property

  Imagine someone who mistakenly but genuinely believes they own a small apartment building and begins collecting rent from the tenants. The rent payments they collect would be considered the "fruit" in fructu, as they are the regular income generated by the property. This person, despite their good-faith belief, would not have the right to sell the apartment building itself, as they do not legally own the principal asset.

• Example 3: Investment Account

  Suppose a person, due to an administrative error, receives regular dividend payments from a stock portfolio they do not actually own, but they genuinely believe the account is theirs. The dividends received are the "fruit" in fructu. They are entitled to these payments while their good-faith possession continues. However, they cannot sell the underlying stocks in the portfolio, as those constitute the principal asset.