Cal. Civ. Code § 11-25-115
Growing crops.
Operative Text
In case of forfeiture under contract of purchase, the purchaser, and in case of foreclosure of deeds in trust or mortgages, the mortgagor shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit; and shall, after eviction therefrom have the right to enter thereon for the purpose of completing the cultivation and removing the crops, first paying or tendering to the party entitled to the possession a reasonable compensation for the use of the land. The court may, on demand of the defendant, adjudge the sum to be paid or tendered. History Codes, 1942, § 1056; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Under Miss. Code Ann. tit. 11, ch. 25 § 11-25-115, when a property is lost through a contract forfeiture or a mortgage/deed-of-trust foreclosure, the person who loses the property retains a limited right connected to any crops they had already planted on the land. Specifically, that person may continue to tend and harvest crops that were planted before the lawsuit began, even after being removed from the property. To exercise this re-entry right, the departing party must first pay or offer to pay a fair amount for the continued use of the land, and a court can determine what that amount should be if the parties disagree.
Plain English — not legal advice.
Under Miss. Code Ann. tit. 11, ch. 25 § 11-25-115, a property owner or lender who obtains possession through foreclosure or contract forfeiture should be aware that the former occupant may retain a statutory right to re-enter and harvest crops planted before the suit commenced. Operators generally document the condition of any crops on the premises at the time possession is transferred and keep records of any compensation offered or received for continued land use. When a former occupant seeks re-entry to complete cultivation, the provision contemplates that reasonable compensation for land use is owed before that re-entry occurs, and courts can set that amount.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. tit. 11, ch. 25 § 11-25-115 provides that a purchaser facing contract forfeiture, or a mortgagor facing foreclosure, does not automatically lose the right to crops they planted before the legal proceedings began. Even after eviction, this provision allows re-entry onto the property to finish cultivating and removing those crops, provided reasonable compensation for land use is first paid or formally tendered to whoever holds rightful possession. Those in this situation may wish to consult a tenant-rights organization or attorney familiar with Mississippi property law to understand how the court's authority to set the compensation amount under this section might apply to their circumstances.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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