Legal Definitions - emblements

Emblements are crops that are produced annually through labor, such as corn, wheat, rye, potatoes, and garden vegetables. These crops are considered personal property and belong to the tenant who cultivated the land. However, trees, grass, and naturally growing fruit are not considered emblements.

If a tenant dies before the harvest, the right to harvest the crops will pass to their heirs, even if the heirs have not been physically occupying the land. This is because the doctrine of emblements aims to compensate the tenant for their labor. However, if the tenancy ends due to the tenant's wrongful act or default, the doctrine of emblements does not apply.

For example, if a farmer rents a piece of land and plants corn, the corn is considered an emblement. If the farmer dies before the harvest, their heirs have the right to harvest the corn. However, if the farmer is evicted from the land due to not paying rent, the doctrine of emblements does not apply, and the landlord has the right to the corn.