A "Lotto" House, for the money. This home is the big payoff at $309900.

UNDERGRND POOL...

Motivated seller bring all offers. Not included in sale pellet stove, freezer, grapevines, kitchen island counter, front porch remote fan, microwave, fruit trees, fruit bushes

What was the header? "This is shell of a deal"?....lol

I never heard of fruit trees not conveying. lol It's quite a long list of stuff not included.

We had one where the seller stripped all of the oranges off the trees before closing. They had to pay the buyer $500 at closing because the oranges were there when they made the offer.

I've never had any Buyer object to a clause inserted in the P&S retaining Riparian Rights for the Seller to any crop that they've sown/planted/cultivated/nurtured; but have not yet harvested. It's fairly routine; and eliminates the need to rush prior to Closing, as they can come back afterwards.

I can see about the FRUIT...but not the trees! LOL

I thought Riparian rights had to do with waterway rights?

I believe riparian rights refer to water rights... IMHO the term fructus naturales is more appropriate in this situation. Any attorneys out there want to give a better opinion?

I'm not an attorney and not attempting to give legal advice....

Sellers can retain the right to this year's crop and they'll belong to the Buyer after that.
I believe it's called "ripefruitian rights" but I could be wrong.

..he he.. good one.

You're right . . . . so much for using multi-syllabic words without first checking to be certain.

What we have here would more appropriately be called:

Emblements

From the Lexicon at: The 'Lectric Law Library

"Emblements are crops to which a tenant who cultivated the land is entitled by agreement with the owner. If the tenant dies before harvest, the crop will become the property of his/her estate. The doctrine chiefly comes into play in the law of landlord and tenant, or in the foreclosure of mortgages and other legal situations that place the rights of another party in contention with those of a farmer who has planted a crop yet to be harvested. The doctrine of emblements operates to guarantee a farmer's right to reap and carry away the fruits of his/her labor even if s/he loses title to the land on which they are grown."

But they are not an automatic entitlement; so one should always ask for them in an Agreement.

LOL@ Artiste - ripefrutian rights. ha ha ha

Thank you for the refresher Vermont. Since I do not deal with farms, generally, nor have I come up against riparian rights issues (in spite of selling waterfront properties) but I do recall learning about emblements and riparian rights in my Pre Licensing Crash Course. About the only thing I recall from that course was a vague recognition of "riparian rights" and the term "tenants-in-common" and I do know what "fee simple" is. I had forgotten emblements, sadly, and without your handy reference, I would have thought it was some way of marking your property with your monogram, logo or other "emblem."

I see it is time to dig up my handy Real Estate Vocabulary Compact Disc and begin listening to it in the car again; perhaps

I can use it as an instrument of punishment for the kids and a refreshing of my education at the same time.

Vermont, I am in your debt.

No . . . . I am in your debt.

I had become guilty of wrong thinking; and must have sub-consciously thought that riparian rights had something to do with "reaping".

It sounds good; but that association must be broken.