whether that be treasure, stones, or any other movable kept there, such as a rope, a bucket, a pulley, a lock, a mat, or a key.
If someone sells a piece of land, even without stating “together with its appurtenances,” the sale automatically includes its trees and any buildings upon it. When fully-grown wheat or barley is standing on the land, the crop remains the property of the seller,1 provided it is left in place. If the produce is of a type that is mown or picked repeatedly, its roots belong to the buyer, whereas the particular mowing or picking visible at the time of sale belongs to the seller—unless the purchaser has stipulated otherwise, in which case the stipulation is valid.
Section
Whoever sells palm-trees whose spathes have already split open, the dates they bear remain the property of the seller and may stay on the tree until they are picked,1 unless the buyer stipulates otherwise. The same ruling applies to grape-vines, mulberry trees and the like; to fruit whose blossom has appeared, such as apricots and apples; and to produce that has emerged from its bud, like roses and cotton. Anything that has not yet reached that stage, as well as the leaves, belongs to the purchaser.
Fruit may not be sold before its ripeness becomes evident, nor grain before its kernels have hardened. Fresh fodder, leafy vegetables, cucumbers and the like,2 or aubergines may not be sold apart from the parent plant, unless the contract requires immediate cutting, or successive mowings or pickings. In such cases, the labour and expense of harvesting or gathering rest with the buyer.3
If the produce is sold without qualification, or on condition that it remain standing; or if someone buys unripe fruit on the condition of immediate cutting and then leaves it until it ripens; or purchases a specific mowing or picking and lets them grow further; or buys fruit whose ripeness has already appeared…4