3.88 Crops

3.88.1

In General

The title policies define land as being the "land described or referred to in Schedule (A) and improvements affixed thereto which by law constitute real property".

Growing crops come within the above definition, and as a general rule, form part of the real estate to which they attach and follow the title thereto; however, unharvested crops may be severed from the land and sold or mortgaged. This is the reason why the ownership of crops needs to be considered carefully in connection with the possible rights of tenants, mortgagees, and purchasers at foreclosures.

Much of the law with respect to security interests in crops is now found in the Uniform Commercial Code Sec. 9.334 and 9.501 and in Sec. 54.001 et seq. TX Property Code.

Liens upon crops, termed "financing statements" under the Uniform Commercial Code, are recordable in a special manner, and when they are so recorded, constructive notice is imparted to subsequent purchasers and mortgagees of the real property.

In Texas, financial statements are to be filed in the Secretary of State's office. Texas law also permits a lien against crop proceeds for agriculture chemicals and agriculture seeds. This lien also must be filed with the office of Secretary of State.

If no UCC search of the appropriate records occurs, a general exception to all filed UCC's must be made if the land is farmland.

3.88.2

Texas Personal Property Insurance

  • See www.tdi.state.tx.us Texas Basic Manual, Section VIII for access to Section 2751.001 etseg., as well as Insuring Forms and Endorsements, and Procedural and Rate Rules applicable to Personal property insurance.

  • Personal property insurance may be available in the case of growing crops.

  • All title insurance requests are handled by Stewart Title Guaranty Company National Title Services in Glendale California (contact Mike Choy: mchoy@stewart.com).

  • In Texas, title insurance agents receive a statutory referral fee of 30% of the premium for referring the business. No further action is required of the agent.  See Sec, 2751.104, Texas Title Insurance Code.

  • All insuring forms are promulgated by the Texas Insurance Commissioner.