Florida Real Estate Broker ExaminationReal Estate Law and RegulationsHard
A Florida real estate sales associate is preparing a listing presentation for a potential seller client. The seller states they want to retain ownership of the fruit trees and the harvest from those trees on the property, even after the sale. How should the sales associate advise the seller regarding the fruit trees?
- AFruit trees are always considered real property and convey with the sale.
- BThe seller can retain the fruit through a separate agricultural lease agreement.
- CThe fruit trees, as fructus industriales, are considered personal property and can be reserved.
- DThe seller must specifically exclude the fruit trees and their harvest in the purchase agreement.
Show answer & explanationAnswer & explanation
Correct answer: D. The seller must specifically exclude the fruit trees and their harvest in the purchase agreement.
While 'fructus industriales' (emblements) are generally considered personal property if they are annual crops, fruit trees ('fructus naturales') are typically considered real property and convey with the land. For the seller to retain them or their harvest, a specific exclusion in the purchase agreement is necessary to avoid dispute.
Why the other options are wrong
- A. Fruit trees are generally considered real property (fructus naturales) and would convey unless excluded.
- B. A separate lease might be possible, but the primary way to retain ownership or rights during the sale is via the purchase agreement.
- C. Fruit trees are 'fructus naturales' (real property), not 'fructus industriales' (personal property annual crops).
Fructus Naturales vs. Fructus Industriales
'Fructus naturales' are plants that grow naturally and are considered real property. 'Fructus industriales' (emblements) are annual crops cultivated by human labor and considered personal property.
- Fruit trees are fructus naturales (real property).
- Annual crops (corn, wheat) are fructus industriales (personal property).
- Personal property can be removed; real property conveys with the land unless specified.
Memory trick: Natural 'Trees' stay; 'Industrial' 'Crops' go.