[WSBARP] Sale of growing crop.

[Roger Moss]

How fun - a reminder that our real property laws got organized by Henry II in the 12th Century, though their origins pre-dated him by centuries.

I would recommend a license agreement for the limited purpose of harvesting the fructus naturales, which historically became personal property upon severing the treetops (if that’s the method), or the whole trees from the earth.

If this is a large-scale tree planting and harvesting affair, then an annual agricultural lease with rent tied to production may be in order.

Roger A. Moss 
Managing Director
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org

Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.


> On Jan 26, 2021, at 8:02 AM, Kary Krismer <Krismer at comcast.net> wrote:
> 
> Are you even dealing with realty?  The last time I thought about this was law school, but check out RCW 62A.2-107.  RCW 62A.9A-334 might also come into play prior to harvest--or maybe not.
> 
> And this is just off the top of my head, but what about a lease of X years that defined what could be harvested during those years?
> 
> A deed just doesn't seem like the proper instrument to me.
> 
> Kary L. Krismer
> 206 723-2148
> On 1/26/2021 7:52 AM, Craig Gourley wrote:
>> Listmates,  A new wrinkle in property transfers for me.  While I think the answer is straight forward and simple I thought it best to float it to the hive just in case.    Client wants to transfer ownership of a growing crop ( Christmas trees) to a buyer but retain title to the land.  I presume this would transfer by deed but limit the transfer to strictly the existing crop on a defined legal description.  Excise paid on the value of the crop.  Am I missing anything?  Thanks, Craig
>> 
>> 
>> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>> 
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
>> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
> 
>  <https://www.avast.com/antivirus>	
> This email has been checked for viruses by Avast antivirus software. 
> www.avast.com <https://www.avast.com/antivirus>
>  <x-msg://6/#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> 
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210126/4586cf26/attachment.html>