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Rule as to Natural Fruits of the Soil


RULE AS TO NATURAL FRUITS OF THE SOIL. It is the general rule that natural fruits of the soil are an interest in land, and the sale or mortgage of such products must be in writing to satisfy the Statute of Frauds. So that if it is desired to sell a crop of apples growing upon the trees it is necessary to go through the same formalities as to sell the trees themselves. But in England, and in some of the States, whether such products are to be deemed an in terest in land or not depends upon whether or not the parties intend that they shall be immediately' severed from the land. If they are not to be severed imme diately, then they are considered to constitute an in terest land ; if there is to be an immediate severance, they are considered as already severed, and as personal property.