CHAPTER XX
LAWS AFFECTING LAND AND
LABOR
Thus far property has been treated as invested capital upon which interest must be charged in determining the labor income. Labor, likewise, has been considered principally in its effect upon profits. Society has thrown around the transfer of property and the use of labor certain restraints for the protection of all individuals.
Through the ages certain procedures have become fixed by custom. These legal practices are largely the inheritance of old Roman law and are usually known as common law. Various legislative bodies having jurisdiction enact from time to time other laws. This body of enacted law is called statute law and is much more variable than common law. In the briefest possible manner it is the purpose here to state a few of the principles and applications of the law, chiefly the common law, as it affects the farmer in acquiring or disposing of his property and in his dealings with labor.
PROPERTY
Property may be defined as anything which is a subject of ownership. It possesses the characteristics of being acquired, held, sold, willed or inherited and is of two kinds: (1) Real property, real estate or realty; (2) chattels or personal property. These two kinds of property are subject to quite distinct legal practices. In general, real estate consists of land, things attached to it, such as trees, buildings, fences and certain rights and profits arising out of or annexed to the land. The term land as ordinarily used includes all these things, so that when land is said to be worth so much an acre it includes all fixtures. Ponds and streams are, under this definition, land. The land not only has surface dimensions, but extends upward indefinitely and down to the center of the earth, and hence includes a right to ores, coal, oil, gas or other materials whatsoever.
An article may, however, be real property or personal property depending upon circumstances. Thus a tree growing on the land is real property, but when cut into cord wood becomes personal property. New fence posts ready for use are personal property. When set in the ground they become real estate. Just what goes with a farm or what are fixtures is frequently a subject for legal determination.
FIXTURES
The general rule is that fixtures are any chattels which have become substantially and permanently annexed to the land or to buildings or other things which are clearly a part of the land.[D] The annexation may, however, be purely theoretical, since the keys to the house or barn, which may be in the owners pocket, are real estate. One rule concerning fixtures is that they must be so annexed that they cannot be severed without injuring the freehold. The intention of the party making the annexation also often determines, since if the article is annexed with the intention of making it permanent, it then becomes a part of the land. Among the things held to be fixtures, and therefore a part of the land, are: (1) All buildings and everything which is a part of any building, such as doors, blinds, keys, etc.; (2) fence materials which have been once used and are piled up to be used again are a part of the land, but new fence material not yet used is personal property. (3) Growing crops are real property. They go to the purchaser of the land unless specially reserved in the deed. A verbal agreement is not sufficient. (4) Trees, if blown down or cut down and still lying where they fell, are real property; if cut or corded up for sale they become personal property. (5) All manure made on the farm is real estate and passes with the land. (6) All the ordinary portable machines and tools are considered personal property, but certain machines held to be of permanent use upon the land are real estate. Among the things which courts have held to go with the land are cotton gins, copper kettles encased in brick and mortar for cooking food for hogs, cider mills, pumps, water pipes bringing water from distant springs. In general, motive power machinery and the shafting go with the land, but the machinery impelled may or may not, depending upon the way it is annexed. (7) If stones have been quarried for the purpose of using upon the farm, they go with the farm, but if quarried for sale they are personal property.
CONTRACTS
The difference between personal property and real property may be indicated by considering the essential features of a contract. A contract is an agreement between two or more persons. The foundation rule concerning a contract is that every man must fulfill every agreement he makes. An ethical practice grows out of this legal rule which, if strictly adhered to, will save much embarrassment, viz., make but few promises and always keep your engagements.
There are seven requirements generally necessary to a valid contract. (1) Possibility. The thing to be done must be possible. (2) Legality. It must not be forbidden by law. (3) Proper parties. The parties to a contract must be competent. Contracts with idiots or drunken persons are not binding. Some contracts with minors are not binding, although contracts for the necessities of life are. (4) Mutual assent. A proposition not assented to by both parties is not binding on either. (5) Valid consideration. A man is not regarded as injured by the breaking of a promise for which he has paid, or is to pay, nothing. (6) Fraud or deceit. A contract obtained by fraud is void as against the party using the fraud, but may be enforced by the innocent party if he sees fit. (7) Written contracts. Here comes the most important difference between real and personal property. Real property can only be conveyed by a written instrument, properly executed and recorded, while personal property passes by mere possession. Contracts relating to the sale of real estate are not binding unless in writing, while verbal contracts are sufficient for personal property if accompanied by payment of a part of the purchase price or the acceptance of the goods. For amounts under $50 verbal agreement in itself is binding.
TRANSFER OF REAL ESTATE
The purchaser should require of the seller evidence that the title to the land is straight and clear; if not, exactly what the defects are. This is done through an abstract of title, which should be prepared by a competent lawyer. This is not an official document, and its value depends largely upon the ability and watchfulness of the party making the abstract. Ownership of land is conveyed by means of a deed. A deed is an instrument conveying at least a life interest in the land. Care should be taken that the deed contains the essential parts and that it is properly executed.
DEEDS
Deeds are of two kinds: Quit claim deeds, which convey all the rights, title and interest which the seller has in the land, but does not warrant the title; and warranty deeds, which, in addition to what a quit claim does, contain covenants which agree that the seller and his heirs, etc., shall warrant and defend the title to the purchaser against the lawful claims of all persons.
THE REQUISITES OF A DEED
The requisites of a deed are: The parties to the deed, the consideration, the description; and with a warranty deed, the covenants. The seller must be of full age, sound mind and if married his wife should always join in the deed. Her name should appear following his at the beginning of the instrument. She should sign and acknowledge the deed, and the certificate of acknowledgment should state that she is the wife of the seller. If the seller is a married woman, her husband does not need to join in the sale of her own property. It is customary to state the consideration upon which the deed is given, but this is not necessary, nor will a false statement as to the amount paid invalidate the deed.
The description of the land conveyed should be as minute and careful as possible, and preferably in the exact language of former deeds. In case former description is in error, it should be referred to and correct description given. Where land is conveyed by metes and bounds, this description governs, although it may not convey the number of acres of land stated. In describing boundaries the location of monuments takes precedence of distances mentioned.
EXECUTION OF THE DEED
A deed must be signed, witnessed, acknowledged, delivered and recorded. In some states deeds must be sealed, but in other states the law has dispensed with this formality. Witnesses to deeds are not required in all states. Some states require one, but usually two witnesses are required. The parties signing the deed are required to appear before an official designated by statute, usually any magistrate, justice or notary public, and acknowledge the same to be his or her free act and deed.
A deed has no effect until delivered, and should be immediately recorded by the purchaser. Generally an unrecorded deed is not good as against a subsequent purchaser in good faith. It is well to note that the laws relating to the transfer of land are those of the place where the land lies and not necessarily those of the place where the deed is made.
METHOD OF LAYING OUT PUBLIC LANDS
The public lands of the United States are, whenever practicable, laid out into townships each six miles square, as near as may be, whose sides run due north and south and east and west. The townships are laid off north and south of a base line which is a parallel of latitude, and are numbered north and south from the base line: Thus, T. 3 S., means Township No. 3 south from the base line. Each row of townships running north and south is called a range, and is numbered east or west of the principal meridian: Thus, R. 2 E., means Range 2 east of the given meridian.
The townships are then laid off into sections or square miles of 640 acres, as near as may be, and these are numbered, beginning always at the northeast section, as shown in the accompanying diagram.
Each quarter section is referred to as the northeast or southwest quarter of the section, and each forty acres as the northwest or southeast quarter of a particular quarter. For example, an eighty-acre field may be referred to as the west half of the southwest quarter of Section 3, Township 5 North, Range 3, west of ——. Base line and meridian, or in some cases merely the meridian is mentioned.
The curvature of the earths surface makes it impossible for the sides of townships to be truly north and south and at the same time six miles square. The excesses and the deficiencies due to the convergency of meridians and the curvature of the earth are by law added to or deducted from the western and northern ranges of sections and half sections of the townships. While the above has been the rule in laying out public lands for more than a century, there are many exceptions, due to many causes.
In the older settled sections the land was laid out in lots, often in a very irregular manner, although in some cases within a given tract the area was more or less regular. In these cases, the land must be described minutely and carefully by metes and bounds. In some of the southern and western states, also, where there were Spanish grants, much irregularity in the surveys exists. Over much of the north Central states this rectangular system of laying out lands obtains and has worked well in most respects.
THE LANDLORD AND TENANT
Leases of real estate follow the same procedure as deeds, except that a verbal lease, if for a term of not to exceed one year, is valid in most states. A written lease should be carefully drawn, because, according to common law, there are few things implied in a lease that are not stated. Definite statement concerning repairs and insurance is desirable. A tenant should also acquaint himself with the law of the state concerning the surrender of the farm upon the expiration of his term.
It is the duty of the tenant not only to guard the property, but to conduct the farm in a husbandlike manner. Unless otherwise stated in the contract, the tenant must pursue those methods of husbandry which are customary in the vicinity.
THE RELATION OF THE FARMER TO HIS
WORKMEN
The requirements of a valid contract, as previously stated, control most of the relations which the employer has with his employees. Contracts for labor, unless for more than one year, need not be in writing. If, however, the service to be rendered is unusual, the agreement should be reduced to writing, because, in the absence of specific agreement, the law assumes that customary service and wages are implied.
Like all other employers of labor the farmer is under obligation to protect his workman from injury. He must not subject them to unusual and unreasonable risks. He must hire workmen suited to the employment. For example, if he employs a young boy to drive a fractious horse, he would be liable for any injury that might occur. In like manner, he must exercise proper care concerning the safety of the machinery placed in the hands of his workmen. He must keep his premises in a safe condition and must not expose his workmen to risks not incident to the employment for which they are hired.
The farmer is liable in damages for the acts of his workmen which are within the scope of their employment, although the authority may not have been expressly conferred. He who acts by another acts himself. In case one is sued for the acts of his employee, the burden is upon him to prove that the act of the workman was without authority, expressed or implied.
Haighs Manual of Law, p. 69.