Legal Definitions - way-going crop

Way-Going Crop

A way-going crop refers to a grain crop planted by a tenant farmer on leased land that does not fully mature and become ready for harvest until after their lease agreement has officially ended. Historically, unless the lease specifically stated otherwise, the tenant who planted the crop was legally entitled to return to the land to harvest it, even after their tenancy had expired.

Here are some examples illustrating this concept:

• Example 1: The Winter Wheat Harvest

  Imagine a farmer, Ms. Chen, who leases a field for a year, with her lease expiring on March 31st. In the previous autumn, during her active tenancy, Ms. Chen planted winter wheat. This type of wheat is sown in the fall, lies dormant over winter, and then grows to maturity for harvest in the summer, typically July or August. When her lease ends on March 31st, the wheat is still green and several months away from being ready. Under the principle of a way-going crop, Ms. Chen would generally have the right to return to the field in the summer to harvest the wheat she planted, despite no longer being a tenant on the land.

• Example 2: Late-Maturing Corn

  Consider Mr. Davies, a tenant farmer whose agricultural lease runs from April 1st to October 31st. In May, during his tenancy, Mr. Davies plants a variety of corn known for its long growing season. Due to specific weather conditions or the chosen corn variety, the crop isn't fully mature and ready for harvest until mid-November, two weeks after his lease has concluded. According to the concept of a way-going crop, Mr. Davies would typically retain the right to access the land and harvest his corn, even though his formal tenancy has ended, because he planted it while he was a legitimate tenant.