medium · National Real Estate Exam
A 100-acre farm is being sold. The farm has standing corn that was planted by a tenant farmer whose lease expires in two weeks, before the corn will be ready for harvest.
Who has the legal right to the corn?
- The buyer of the farm, because the corn is part of the real estate as 'fructus naturales'.
- The tenant farmer, under the doctrine of emblements.
- The seller, because the tenant's interest terminates completely on the day the lease ends.
- The state, which will hold the crops in escrow until a settlement is reached between the parties.
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