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Are Plants and Crops Real or Personal Property?

Good morning

I could use some help on the question whether crops and plants are personal or real property or even some directions on where to look would be appreciated.

I have an option to buy a small banana farm in the Caribbean (that is part of the british commonwealth) where the distinction between personal and real property is important when it comes to stamp duty on the sale of land. If I can argue that the sale price includes not just land but also the banana plants and banana fruits which are personal property, it would be justifiable to lower the base on which real estate stamp duty would be charged thereby lowering my stamp duty bill. I checked the local cases and this has never come up before, so any case or legal authority in the common wealth will be at least persuasive when i meet with the lands commissioner.

Do you have any ideas where can I get some guidance on whether these banana plants and fruits are personal or real property? Just as a background to banana farming each plant lives about 9 months bears its fruits and then dies or is cut down. A new sucker/plant then comes up from its roots. With this in mind, it would appear to me that banana is not really a tree like oranges that stay as a fixture to the ground. Its more like a vegetable that is harvested every year. I am hopeful this will aid my argument that it is personal property.

Thanks in advance.

jasguild
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Original post by jasguild
Good morning

I could use some help on the question whether crops and plants are personal or real property or even some directions on where to look would be appreciated.

I have an option to buy a small banana farm in the Caribbean (that is part of the british commonwealth) where the distinction between personal and real property is important when it comes to stamp duty on the sale of land. If I can argue that the sale price includes not just land but also the banana plants and banana fruits which are personal property, it would be justifiable to lower the base on which real estate stamp duty would be charged thereby lowering my stamp duty bill. I checked the local cases and this has never come up before, so any case or legal authority in the common wealth will be at least persuasive when i meet with the lands commissioner.

Do you have any ideas where can I get some guidance on whether these banana plants and fruits are personal or real property? Just as a background to banana farming each plant lives about 9 months bears its fruits and then dies or is cut down. A new sucker/plant then comes up from its roots. With this in mind, it would appear to me that banana is not really a tree like oranges that stay as a fixture to the ground. Its more like a vegetable that is harvested every year. I am hopeful this will aid my argument that it is personal property.

Thanks in advance.

jasguild


Growing crops are real property because they are attached to land. However, once they are detached they become personal property.

Hope this helps :smile:


Posted from TSR Mobile
Original post by Ilovenutella
Growing crops are real property because they are attached to land. However, once they are detached they become personal property.

Hope this helps :smile:


Posted from TSR Mobile


You might hope it helps, but it is entirely incorrect. Normally growing crops are personal property and growing crops are within the statutory definition of goods.

See Halsbury's Laws 5th ed Vol 1 Agriculture para 370

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