Define: Emblements

Emblements are crops that require human effort and cultivation to grow and are considered personal property rather than real property. Typically associated with agriculture, emblements include crops like corn, wheat, and vegetables that are planted and harvested annually. In legal contexts, emblements are significant because they are treated differently from permanent crops or fixtures on land. Specifically, if a tenant farmer plants emblements on land they do not own and their lease ends before the crops are harvested, they usually retain the right to enter the land to harvest the crops they planted. This right is known as the doctrine of emblements, which aims to protect the farmer’s investment of labour and resources in cultivating the crops. Emblements are thus an important consideration in property law, particularly in landlord-tenant relationships and agricultural leases.

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This glossary post was last updated: 29th March 2024.