Maine Real Estate License Practice Exam

What rights does Trudy have over the growing crop of corn after the sale of the farm?

1. Whitney can re-enter the property to harvest the corn

2. Trudy is entitled to reenter the property and harvest the crops

3. George has complete rights to the crops since there was no written agreement

4. The crops transfer with the land, and Trudy has no rights

The correct answer is: Trudy is entitled to reenter the property and harvest the crops

Trudy's entitlement to reenter the property and harvest the crops is rooted in the principle of agricultural fixtures. When crops are growing on a property, they are often regarded as part of the real estate until they are harvested. According to common law, the seller of a property typically retains the right to harvest crops that will be ready for harvest at the time of the sale unless there is a different agreement in place. In this situation, the emphasis is on Trudy's right to the crops after the sale because, assuming there was no express agreement to the contrary, she retains rights to the crops she has planted and tended to prior to the sale. This principle acknowledges her labor and investment in the crops, granting her the right to access the land to obtain her harvest, thus recognizing ownership of the crop. The absence of a written agreement pertaining to the crops reinforces Trudy's claim to them, as it indicates that the standard legal presumptions apply — namely, that the crops belong to the party who cultivated them. Therefore, she retains the right to return to the property to harvest the corn following the sale of the farm.