Cal. Civ. Code § 9-105
Growing crops. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him or her and grown or growing on the premises at the time of the filing of the action, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops
Operative Text
Growing crops. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him or her and grown or growing on the premises at the time of the filing of the action, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops.
Under 735 Ill. Comp. Stat. 5 § 9-105, when a land purchase contract is forfeited and a legal action is filed, the buyer who planted crops on the property retains the right to tend and harvest those crops that were already in the ground at the time the action was filed. Before the buyer may remove the harvested crops, however, they must first pay or formally offer to pay a reasonable amount to whoever holds the right to possession of the land for the use of that land. This provision balances the property owner's rights with the practical reality that a buyer may have invested labor and resources into crops before the forfeiture occurred.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-105, a property owner or contract seller who regains possession rights after a forfeiture should be aware that the former purchaser retains a limited right to re-enter the property to tend and remove crops planted before the action was filed. Compliant operators typically document the condition of the land, identify any crops present at the time of filing, and ensure they receive or formally acknowledge the reasonable compensation the purchaser is required to pay or tender before crop removal. Keeping clear records of any payment offers or agreements related to crop removal can help avoid disputes over what constitutes 'reasonable compensation' under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-105, a purchaser who loses a land contract through forfeiture is not automatically stripped of the crops they planted — the law preserves their right to cultivate and harvest crops that were growing on the premises when the forfeiture action was filed. To exercise this right, the purchaser must pay or formally tender reasonable compensation to the party entitled to possession before removing the crops. Those in this situation may benefit from consulting a tenant-rights organization or attorney familiar with Illinois property law to understand how to document a proper tender of compensation and protect their crop rights under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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