Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-07-25

John Skinner planted row of APP
pie trees on his own land, some six
feet from the boundary line. The
trees fourished and eventually the
branches extended over Neighbor
Wilder's property and the roots, be-
ing no respecters of legal titles, push
ed across under Wilder's soil. In
fall of big fruit crops the sight of so
much fine fruit hanging above his
property aroused Wilder. He be-
thought himself of the principal of
law that mans property extends
indefinitely upward and indefinitely
downward, got his ladder, and lean
ing it against the branches above
his own property, picked the fruit
that dangled there. He kept en-
tirely on and over his own land in
harvesting the fruit.
Skinner sued Wilder for unlawful !
ly taking his apples and recovered |
damages. The court ruled that tho
the apples dangled over Wilder's
land they grew on a tree the main
trunk of which was exclusively and
entirely on SINNERS land, that it
was SINNERS tree and all of the
fruit on it SINNERS property. 1T
was Wilder's right to keep limbs
from extending over his property by
cutting them off, but he had no right
to take any of SINNERS property be-
cause it extended past his line.
In cases where trees are planted
on the boundary or so close that the
...aln limbs extend directly into the
other parcel of land, the general rule
is that the owners of the adjoining
lands are proprietors of the tree as
tenants in common and so must
share it's produce. If either should
lnjure the tree the other may have
MS remedy against MN.
Generally speaking, whatever is
attached to the earth is real proper
ty and so remains as long as it is 50
attached. This applies to grains and
grasses as we'll as to the fruit upon
bushes and trees. This should al
ways be kept in mind in selling Gull
tivated lands of any kind. All crops
growing thereon, being part of the
realty, will pass under the deed to
the new purchaser, unless they are
specifically reserved. In some juris-
dlctions certain annual crops may be
reserved orally, but it is always best
and usually absolutely necessary,
that the reservation be written
clause in the conveyance. Crops
that are unharvested at the time of
mortgage sale, being still attached
to the land, are realty s.and pass to
the purchaser under the mortgage
sale. So, too, one who RECEIVERS land
by ejectment secures all the growing
crops attached to the land las in view
of the law they are part of it and so
pass to the successful claimant OF
title.
: When you lease land have an eye
to the title of your landlord, or you
may lose your crop while it is still
growing. You secure no better
rights than the man from whom
you lease and if there is mortgage
due and he does not pay it the land
may be sold and the growing crops
pass to the purchaser. So, too, the
landlord might not have good title
and a successful claimant in eject
ment would also GUST you,
Langdon Cummings owned forty
acres on the River Road. The land
was heavily mortgaged and Cum
mings was troubled with a load of
other debts. Saulson, large, I'M
secured creditor, secured a judge
ment against Cummings and sought
to enforce lit by levy. Cummings
had fine patch of blackberries and
and Eanother of wheat Both the
berries and the wheat were levied
upon. The levy npon the berries was
defeated; that upon the wheat allow
ed. The reason was that the levy
was effective only against personal
ity and the court regarded berries
as realty but wheat as personality,
and this though both were still at
tached to the soil.
Though all crops are realty as long
as they remain physically attached
to the land for certain purposes, as
nointed Ol1t above there are other