Sale of Standing Trees

When a seller sells standing trees to a buyer, the property in the trees does not pass to the buyer immediately. The ownership of the trees is transferred to the buyer only under certain conditions. Let us discuss these conditions in detail:

Condition for Transfer of Ownership

The property in the standing trees passes to the buyer when the trees are felled and ascertained. This means that the ownership of the trees is transferred to the buyer only when:

- The trees are felled, i.e., they are cut down and separated from the land.
- The trees are ascertained, i.e., their quantity and quality are determined and agreed upon by both the buyer and the seller.

Other Conditions

Apart from the above condition, there are some other conditions that are usually agreed upon by the buyer and the seller while selling standing trees. These conditions are:

- The buyer may be given the right to enter the land and mark the trees that he intends to buy. This is called earmarking of trees. However, the ownership of the trees does not pass to the buyer just because he has earmarked them.
- The seller may count the trees and ascertain their quantity before selling them. This is done to ensure that the buyer gets the agreed quantity of trees. However, the ownership of the trees does not pass to the buyer just because they have been counted and ascertained.

Conclusion

In conclusion, the property in standing trees passes to the buyer only when the trees are felled and ascertained. The buyer may be given the right to earmark the trees or the seller may count and ascertain the trees, but these actions do not transfer the ownership of the trees to the buyer.