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I have been farming sugarcane on verbal lease property for…

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I have been farming sugarcane...
I have been farming sugarcane on verbal lease property for over twenty years. Do I own the roots?
Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/26/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Did you and the landlord come to an agreement about how owned the actual crops of the land at any time?

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Customer reply replied 3 months ago
No we have not. I planted the crop for 2018 and the landowner decided on Nov 27, 2017 that they were leasing the land to another farmer. They decided this after I had my leg amputated in October. They sent me a certified letter informing me but the letter is not signed by the landowners nor has it been notarized. What are my rights. I have been farming this land for 43 years. I called them tand told them I wanted to be paid for the cane on the property. They refused.
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I understand. So, unless the lease provides otherwise, personal property that a tenant permanently affixes to the land as a fixture is owned by the landlord upon the termination of the lease. To determine if a leasehold improvement has become a "fixture" the leasehold improvement must be "(1) be actually annexed to real property or something appurtenant thereto; (2) be applied to the use or purpose to which that part of the realty with which it is connected is appropriated; and, (3) be intended by the parties as a permanent accession to the freehold.

Thus, although there was no agreement, because they are affixed to the land, a court would probably not consider you the owner of the crops.

Is there an issue with the crops? Would it be impossible to remove them? Also, does the landlord plan on having the new person plant the same crop?

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Customer reply replied 3 months ago
Isnt there a law stating that a farmer has to be notified before he plants the crop?
Customer reply replied 3 months ago
Farmers purchase sugarcane roots on rented property in the south I am looking for the law governing this.
Customer reply replied 3 months ago
This is not a fixture on the property. This is a cash crop.
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

To be honest, this may be something that is too specific for me to answer. Let me opt out and have another expert who may be able to assist you better than I can. Thanks again. You won't be charged anything additionally if another expert takes over.

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Real Estate Lawyer: N Cal Attorney, Lawyer replied 3 months ago
N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,789
Experience: Since 1983
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New Expert here.

In which State is the property located?

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Customer reply replied 3 months ago
Louisiana
Customer reply replied 3 months ago
No one responded to my question.
Real Estate Lawyer: N Cal Attorney, Lawyer replied 3 months ago

By "roots" do you mean stubble?

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Real Estate Lawyer: N Cal Attorney, Lawyer replied 3 months ago

You have the right to harvest the stubble from cane you planted, so the answer is Yes, you own it.

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