Siman 193

Everything attached to the ground is judged as the ground and is acquired through money, a deed, and chazakah, whether one acquires the attached item alone through money, a deed, and chazakah performed on the attached item, or whether one also acquires the ground and performs chazakah on the ground and acquires the attached item as well, or if one performs chazakah on the attached item and acquires the ground as well. Not only this, but even if one acquired the ground only for its produce and performed chazakah on the ground to acquire the produce attached to it, or gave money for the ground in order to acquire the produce attached to it, he has acquired them even though he did not acquire the ground itself. There is no distinction in all of this. And there is one who says that when one sells trees alone and performs chazakah on them, he must perform chazakah on each and every tree (Sma). But this is not clear to me, for how is it different from one who sells ten fields in ten provinces where he acquires all through one, as I wrote in the previous siman, section 15? And if he did not give money corresponding to all of them, behold even with ground he would not acquire in such a case, as I wrote there.

Fruits attached to the ground have the status of land as long as they require the ground somewhat. However, when they do not require the ground at all, such as those standing to be detached, grapes standing to be harvested, and grain standing to be reaped, they are like movable property regarding acquisition, the law of ona'ah in siman 227, and denial and admission in siman 95. Only regarding the matter of guardians is their status like land even when they do not require the ground at all, since he gave them to him to guard in this state, as written in siman 301. And some say that for all matters their status is like land even if they do not require the ground at all, and such is the primary ruling [Shach], except regarding the matter of a creditor because his mind did not rely upon this, as written in siman 115. And similarly, regarding one who writes his property to his son, their status is like movable property because it was not the intention of the giver for this, as written in siman 257. And similarly, regarding damages of an animal in siman 394, when it ate finished fruits, their status is like movable property because now they are as if detached. But for all other matters, their status is like land, and in siman 95 more of this was explained. And according to this opinion, one who sells a house to his fellow on the condition that the buyer will demolish it to receive the wood and the stones, nevertheless its status is like land regarding chazakah and ona'ah, for this is like fruits standing to be detached. And it appears to me that one who sells to his fellow a water spring or a pit full of water, its status is like that which is attached; but when he sells to him that he should receive only the water, its status is like movable property, for they are not attached to the ground except when they are in the spring, for then the name "attached" is upon them (and even though in Avodah Zarah 48, the law of water is like that which is attached for a commoner, this is because they have not been grasped by human hands; and reflect on this):