If Farmer A sells his property to Buyer B but does not specify the fate of the crops in the contract, who has the right to harvest the tomatoes?

In the scenario where Farmer A sells his property to Buyer B without specifying the fate of the crops in the contract, Buyer B generally has the right to harvest the tomatoes. This is based on the principle that when real property is sold, any crops growing on that property at the time of sale become part of the real estate unless explicitly excluded in the contract.

In the absence of any specific agreement regarding the crops, they are typically considered to be part of the real estate. As the new owner, Buyer B inherits the land along with all its attached rights, which includes the right to harvest and collect any crops that are growing at the time of transfer. This understanding aligns with established real estate practices where crops that are considered emblements (annual crops planted and harvested) usually pass with the property unless otherwise stated in the purchase agreement.

Therefore, it logically follows that Buyer B has the right to the tomatoes, as they now own the land where the tomatoes are growing.