Cal. Civ. Code § 11-25-25
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, 1892, § 4472; 1906, § 5051; Hemingway’s 1917, § 3323; 1930, § 3468; 1942, § 1045.
Under Miss. Code Ann. tit. 11, ch. 25 § 11-25-25, 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. Even after being evicted, that person may re-enter the property to finish cultivating and harvesting those crops, provided they first pay or offer to pay a reasonable amount for the continued use of the land. A court can determine the exact compensation amount if the parties cannot agree.
Plain English — not legal advice.
Property owners and lenders who acquire land through foreclosure or contract forfeiture under Miss. Code Ann. tit. 11, ch. 25 § 11-25-25 should be aware that the prior occupant may retain a statutory right to return and harvest crops that were already in the ground at the time the legal action began. Compliant operators typically document the condition of any crops on the property at the time of suit commencement and are prepared to negotiate or accept a reasonable compensation payment for the land's continued use during the harvest period. Keeping clear records of any payments tendered or received helps demonstrate compliance with the court's potential adjudication of the compensation 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 § 11-25-25 provides a specific protection for purchasers or mortgagors who have planted crops on a property before a forfeiture or foreclosure action begins — they do not automatically lose the right to those crops upon eviction. Tenants or occupants in this situation may have the right to re-enter the property to complete cultivation and remove the harvest, as long as reasonable compensation for land use is paid or formally offered to the new possessor. Those who believe this right applies to their circumstances may benefit from consulting a tenant-rights organization or legal aid service familiar with Mississippi property law to understand how the court's compensation-setting process works.
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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