Section

Likewise, if the pre-emptor asserts his claim to the land after the seed has sprouted, the same three cases arise. The ruling for two of these cases, however, is as follows: if the seed belongs to the purchaser or to a third party, the pre-emptor takes the land, excluding the crop, for the full purchase price. If the seller sowed the seed, the pre-emptor takes both the land and the crop for the full purchase price according to the view that recognizes pre-emption over crops. According to the view that does not recognize pre-emption over crops, he takes the land, excluding the crop, for its corresponding share of the price.

If the pre-emptor asserts his claim after the crop has dried, there is no right of pre-emption over the crop. He takes the land for the full purchase price if the seed belonged to the purchaser or a third party. If the seed belonged to the seller, he takes the land for its corresponding share of the price.

Section

As for a rightful owner coming forward to reclaim the land, there are two possibilities:

First: he establishes his title to both the land and the crop.

Second: he establishes his title to the land but not the crop.

If he establishes his title to both the land and the crop—for example, a man sows his own land, then another man wrongfully takes it and sells it—he may either ratify the sale and take the price, or recover his land together with its crop. There is no dispute concerning this case.

If he establishes his title to the land but not the crop, there are again three possible cases:

First: the person from whom the land is recovered sowed the crop.

Second: the seller sowed it.

Third: it belongs to a third party.

If the person from whom the land is recovered sowed the crop and is a usurper, the established ruling concerning a usurper applies to him. If he is not a usurper, the rightful owner has no claim to the crop, nor may he uproot it. He is entitled only to rent, provided that the season has not yet passed.