Sahih Muslim Book 10, Hadith Number 3701.

Chapter : Pertaining to one who sells date-palm tree with dates hanging on Its branches.

Nafi reported on the authority of Ibn Umar (Allah be pleased with them) that the Messenger of Allah (may peace be upon him) said: Whichever tree is bought with its roots, and if it is fecundated its fruit would belong to one who has grafted it except when the provision is laid down by the buyer.