O.C.G.A. § 44-14-101 (2019)

Annotations

Law reviews. For article, “Timber Transactions in Georgia,” see 19 Ga. B. J. 413 (1957). For article, “Things Attached to Realty,” see 15 Mercer L. Rev. 343 (1964).

JUDICIAL DECISIONS Prior to O.C.G.A. § 44-14-101, growing crops still attached to soil were part of realty, and a purchaser of the land obtained title to both the land and the crops. Hix v. Williams, 42 Ga. App. 143, 155 S.E. 355, 1930 Ga. App. LEXIS 264 (1930). Section applies to fruits and products, not plants themselves. - O.C.G.A. § 44-14-101 applies only to the fruits and products of plants, trees, and shrubs and do not refer to the plants, trees, and shrubs themselves. Adcock v. Berry, 194 Ga. 243, 21 S.E.2d 605, 1942 Ga. LEXIS 568 (1942); Newton v. Allen, 220 Ga. 681, 141 S.E.2d 417, 1965 Ga. LEXIS 605 (1965); Marshall v. Georgia Power Co., 134 Ga. App. 479, 214 S.E.2d 728, 1975 Ga. App. LEXIS 2046 (1975). Section refers to mature crops, not nursery stock. - O.C.G.A. § 44-14-101 refers to crops that mature, and does not include a nursery or nursery stock attached to and growing in the soil. Adcock v. Berry, 194 Ga. 243, 21 S.E.2d 605, 1942 Ga. LEXIS 568 (1942). O.C.G.A. § 44-14-101 does not embrace as personalty a nursery or nursery stock consisting of plants, trees, and shrubs,

attached to and growing in the soil. Adcock v. Berry, 194 Ga. 243, 21 S.E.2d 605, 1942 Ga. LEXIS 568 (1942). Security deed conveying cultivated land does not include crops. - A security deed executed under O.C.G.A. §§ 4414-60 and 44-14-61, 44-14-63, 44-14-66, 44-14-67, after the passage of O.C.G.A. § 44-14-101, to convey cultivated farm land as security for debt, does not ordinarily comprehend crops matured or unmatured on the land. Penn Mut. Life Ins. Co. v. Larsen, 178 Ga. 255, 173 S.E. 125, 1934 Ga. LEXIS 26 (1934). Purchaser acquires landlord’s interest in crops where rented to tenant. - Although O.C.G.A. § 44-14-101, making all crops personalty, does not affect the rule that the purchaser of the land acquires the landlord’s interest in the crops in cases where the land is rented to a tenant, this rule does not mean that where land is not rented out by the owner, the one who acquires title by deed or otherwise, gets the title to the crops planted or growing thereon. King v. Tilley, 69 Ga. App. 561, 26 S.E.2d 293, 1943 Ga. App. LEXIS 139 (1943). Party who becomes owner of

rented land before maturity of crops is entitled to recover rent. Neal v. Hubbard, 53 Ga. App. 267, 185 S.E. 384, 1936 Ga. App. LEXIS 61 (1936). Cropper and landlord both have right of action for wrongful destruction of crops. - Cropper has such an interest in crops, even though not all have matured and contract has not been fully completed by cropper, as would support an action against one who wrongfully destroyed them, which right of action is joint and several with that of the landlord who likewise has an interest in the crops. Thombley v. Hightower, 52 Ga. App. 716, 184 S.E. 331, 1936 Ga. App. LEXIS 235 (1936). Writing which leases trees for turpentine is lease of realty. - A writing which purports to lease trees for turpentine purposes, not merely the product thereof, is a lease of realty, and does not constitute a contract for the sale of personalty under O.C.G.A. T. 11. Newton v. Allen, 220 Ga. 681, 141 S.E.2d 417, 1965 Ga. LEXIS 605 (1965). Illegal marijuana is not part of realty and thus can be considered in the possession of a defendant cultivating it. Carney v. State, 134 Ga. App. 816, 216 S.E.2d 617, 1975 Ga. App. LEXIS 2183 (1975). Crop of pecans is personalty, and does not pass as part of the realty by the sale and conveyance of the land in pursuance of a power expressed in the security deed. Miller v. Jackson, 190 Ga. 668, 10 S.E.2d 35, 1940 Ga. LEXIS 524 (1940). Crop-growing land is realty but unmatured crops are personalty. - A patch of ground, whether described as a melon patch, a strawberry patch, or any other sort of patch, is necessarily realty.

But an unmatured crop growing thereon, as an unmatured melon crop, is, under O.C.G.A. § 44-14-101, personalty. Kitchens v. Brassell, 42 Ga. App. 332, 155 S.E. 905, 1930 Ga. App. LEXIS 389 (1930). “Melon patch” is both ground and melon crop growing on it. - A melon patch is not only the ground constituting the patch, but is the ground together with the melon crop growing thereon. Kitchens v. Brassell, 42 Ga. App. 332, 155 S.E. 905, 1930 Ga. App. LEXIS 389 (1930). Damage to melon patch means damage to melon crop. - Damage whether “on” or “to” a melon patch must necessarily be damage affecting the melon crop which is an essential constituent of the melon patch. Kitchens v. Brassell, 42 Ga. App. 332, 155 S.E. 905, 1930 Ga. App. LEXIS 389 (1930). Damage to unmatured melon crop growing upon melon patch is damage to personalty, and an action to recover for damage to such crop, whether it is an action ex contractu for the value of the crop, or portion thereof taken and converted, or is an action ex delicto for a sum representing damage to the crop, is not an action for damage to realty. Kitchens v. Brassell, 42 Ga. App. 332, 155 S.E. 905, 1930 Ga. App. LEXIS 389 (1930). Damage to “melon patch.” - Damage to a patch, or to a patch which is of the descriptive character of a melon patch, is, insofar as the damage is to the patch alone, damage to realty, yet damage to a “melon patch,” where the expression “melon patch” is indicative of a melon crop growing on the patch of ground, is a damage to the crop of melons, and to that extent is necessarily a damage to personalty. Kitchens v. Brassell, 42 Ga. App. 332, 155 S.E. 905, 1930 Ga. App. LEXIS 389 (1930).

OPINIONS OF THE ATTORNEY GENERAL Pecans are both crops and personalty under O.C.G.A. § 44-14-101. 1971 Op. Att’y Gen. No. U71-41.

RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Attachment and Garnishment, §§ 104-106, 329, 330, 335. 21 Am. Jur. 2d, Crops §§ 1, 3. 63 Am. Jur. 2d, Property, §§ 19, 21. C.J.S. 7 C.J.S., Attachment, § 181. 25 C.J.S., Crops, § 1. 73 C.J.S., Property, § 21. ALR. Right to crops sown or grown by one wrongfully in possession of land, 39 A.L.R. 958; 57 A.L.R. 584. Judicial or execution sale of realty as

affecting debtor’s share in crops grown by tenant or cropper, 113 A.L.R. 1355. Nursery stock attached to the soil as real or personal property, and resulting rights, 125 A.L.R. 1406. Growing crops as part of land or as a chattel asset, in farm debtor proceedings under Bankruptcy Act, 150 A.L.R. 1175. Rights in growing, unmatured annual crops as between personal representatives of decedent’s estate and heirs or devisees, 92 A.L.R.2d 1373.

ARTICLE 5 TRUST DEEDS RESEARCH REFERENCES ALR. Implied power of trustee under mortgage or deed of trust who purchases property in behalf of bondholders at foreclosure sale, to give new mortgage, 95 A.L.R. 527. Validity, construction, and effect of provision in mortgage or deed of trust regarding status of mortgagor or his grantee in possession after sale under foreclosure or otherwise, 103 A.L.R. 981. Duty and liability of trustee under mortgage or deed of trust securing debt to mortgagor, subsequent purchaser or lienor, 117 A.L.R. 1054. Creation of homestead right in real estate as affecting previous mortgage, trust deed, or purchase money or vendor’s lien, 123 A.L.R. 427.

Right of trustee under deed of trust, absent a provision in that regard, to bid at foreclosure sale in behalf of holders of bonds or other obligations secured thereby, and duty of court as regards authorization, 135 A.L.R. 393. Interest of trustee in debt secured under deed of trust (or association with or relationship to one having interest in debt) as affecting validity of deed or exercise of trustee’s power of foreclosure or sale, 138 A.L.R. 1013. Demand for payment as a condition precedent to exercise of power of sale in, or foreclosure of, mortgage securing demand note, 147 A.L.R. 1109. Foreclosure of mortgage or trust deed as affecting easement claimed in, over, or under property, 46 A.L.R.2d 1197.