Emblements



Emblements are annual crops produced by cultivation legally belonging to the tenant with the implied right for its harvest, and they are treated as the tenant's property.

Emblements are considered personal property. A tenant farmer has the right to his crops even when his lease ends before the end of the growing season. Crops grown on property just before it’s sold generally are considered to be the personal property of the seller as well. (Remember that personal property goes with the person.)

This comes into play in the law of landlord and tenant, or in the foreclosure of mortgages and other legal situations that place the rights of one party in contention with those of a farmer who has planted a crop yet to be harvested. In these situations, the doctrine of emblements operates to guarantee the farmer's right to reap and carry away the fruits of his labor, even if he loses title to the land on which they are grown.