Ky. Rev. Stat. ch. 383 § 383.120
Contract for portion of crop for rent -- Rights of landlord -- Purchasers of
Operative Text
383.120 Contract for portion of crop for rent -- Rights of landlord -- Purchasers of crops. (1) Contracts by which a landlord is to receive a portion of the crop planted or to be planted, as compensation for the use or rent of the land, shall vest in him the right to such a portion of the crop when planted as he has contracted for, though the crop may be planted or raised by a person other than the one contracted with or though a different kind of crop than the one contracted for be planted. For the taking of or injury to any of such crops, the landlord may recover damages against the wrongdoer. The landlord may also have an injunction against any person to prevent the taking or injury of his portion of the crops. (2) This section does not bar the landlord from his right to the damages against the person contracted with that he may sustain by reason of the land being planted without his assent in a crop other than that contracted for, or not planted at all, or for failure to cultivate the crop in a proper manner. (3) This section includes a purchaser without notice of a growing crop remaining on the premises, though severed from the land, but does not apply to a purchaser in good faith without notice of a crop, after it has been removed for twenty (20) days from the rented premises on which it was planted.
Kentucky Revised Statutes § 383.120 governs crop-share rental arrangements, where a landlord accepts a portion of the harvest as rent instead of cash. Once a crop is planted under such an agreement, the landlord's ownership interest in the contracted share attaches automatically — even if someone other than the original tenant planted it or a different crop was grown. The landlord may seek damages or a court injunction against anyone who takes or damages that share, and retains additional damage claims against the contracting tenant for unauthorized crop substitutions, failure to plant, or improper cultivation. Protections extend to purchasers of growing or recently severed crops, though a good-faith buyer who acquires a crop more than twenty days after it has been removed from the rented premises is generally shielded from the landlord's claims.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 383.120, landlords who enter crop-share agreements generally document the specific crop type and share percentage in their written contracts, since the statute preserves damage claims when a tenant plants an unauthorized crop or fails to cultivate properly. Compliant operators typically monitor the rented premises during the growing season to confirm the contracted crop is planted and maintained, because the landlord's ownership interest in the crop share vests at planting. When unauthorized removal or damage to the crop share occurs, § 383.120 provides a basis to pursue damages or seek an injunction, so landlords commonly keep records of the contracted terms and any observed deviations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 383.120 establishes that a tenant's obligations in a crop-share lease include planting the agreed crop, cultivating it properly, and not disposing of the landlord's share without authorization. Tenants should be aware that the landlord's ownership interest in the contracted crop portion attaches at planting, meaning the landlord can pursue legal remedies — including an injunction — if that share is taken or harmed. Tenants who believe a landlord is asserting rights beyond what § 383.120 permits, or who face damage claims related to crop-share disputes, may benefit from consulting a tenant-rights organization or a licensed Kentucky attorney familiar with agricultural lease law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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