Things That Are Part Of The Merchandise To Be Sold:

If one sells a substance everything that the parties decide to be part of it is part of it, not other things. The intention of the parties about things to be part of the merchandise can be found out by means of words which stand for goods because such word (s) are the names of the merchandise or other indications in general or particular manner. If one sells a garden, the land, trees, palm-trees, the well, pump and caretaker's quarters etc., will all be part of the merchandise and related to it. If one buys land only, the trees and palm trees existing therein are not part of it. Also the unborn young and fruits when the mother and trees are sold, is not part of the property sold. In the sale of palm trees, if pollinated, the dates go to seller; if not pollinated, the dates go to the buyer. This rule applies only to the sale of palm trees. In the transfer of palm-trees but not by means of selling or the sale of trees other than palm-trees the fruits always go to the seller even if not pollinated. The above rule applies only when there is no indication about the fruits being part of goods of the contract or trees in the sale of land or unborn young animals in the sale of young bearing animals, but if there exist some indications about trees, fruits, young animals as being part of the deal even though such indications are because of common understanding, then it must be followed and such things all go to the buyer.

CR (173): If fruit-bearing trees are sold with the condition that fruits go to the seller and that they should remain on the trees and the trees need watering the seller is allowed to water the trees and the buyer cannot deny him and if they do not need water the seller does not have to water them even if the buyer asks the seller to do so. If one party suffers loss because of watering and the other because of not watering; about giving preference to any of the parties there are two views; a more preferable view gives preference to seller if he has stipulated that the fruit should remain on trees, otherwise, preference goes to buyer.

CR (174): If one sells a garden except one palm tree he has the right of way or easement to reach it and exit and to extend the branches and roots and the buyer cannot stop him.

CR (175): If one buys a house, the land and building up and down are part of the merchandise unless the upper level is independent in entrance and exits which is a sign of not being part of merchandise. The cellar, wells, doors, woods in the structure of the building, fixed stairs, electrical lines, plumbing etc., which are related to the house even keys all are part of the house unless they are excluded by some stipulation.