medium · National Real Estate Exam property-ownership

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?

  1. The buyer of the farm, because the corn is part of the real estate as 'fructus naturales'.
  2. The tenant farmer, under the doctrine of emblements.
  3. The seller, because the tenant's interest terminates completely on the day the lease ends.
  4. The state, which will hold the crops in escrow until a settlement is reached between the parties.

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