Legal Definitions - standing crops

Standing crops refers to agricultural plants, such as grains, fruits, or vegetables, that are still growing in the ground and have not yet been harvested. Legally, these plants are often considered part of the land itself until they are cut, picked, or gathered. Once harvested, they typically transform into personal property. This distinction is crucial in various legal situations, including property sales, insurance claims, and lease agreements, as it determines ownership, rights, and responsibilities.

• Example 1: Sale of Farmland

  Imagine a farmer decides to sell their property in late summer, when their fields are full of mature soybeans almost ready for harvest. The buyer and seller must clarify in the sales contract whether the standing crops of soybeans are included in the sale of the land, or if the seller retains the right to harvest them before the sale is finalized, or if they will be sold separately. If the contract is silent, the legal default might be that the standing crops transfer with the land to the new owner.

• Example 2: Agricultural Insurance Claim

  Consider a situation where a severe drought or an unexpected pest infestation devastates a vineyard just weeks before the grapes were scheduled to be picked. The vineyard owner would file an insurance claim for the loss of their standing crops. The insurance policy would cover the economic value of the unharvested grapes that were damaged or destroyed while still on the vines, rather than covering the land itself or already processed wine.

• Example 3: Farm Lease Agreement

  A landowner leases a parcel of land to a tenant farmer for a two-year period. Towards the end of the lease term, the tenant plants a crop of winter wheat that will not be ready for harvest until several months after the lease expires. The lease agreement should explicitly state who has the right to the standing crops planted by the tenant but not harvested by the lease's end. Without such a clause, a dispute could arise over whether the tenant can re-enter the land to harvest the wheat, or if the crop now belongs to the landowner or a new tenant.