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Emblements

DEFINITION

Legal right of a tenant to be entitled to the fruits of their labor and enjoy the harvest to which they contributed. The expiration of the lease does not preclude the tenant from their legal right to the harvest.

EXPLANATION

Cultivated crops produced by a tenant on a landlord’s property are the personal property of the cultivator. An emblement is the profit derived from growing crops and is considered personal property.

Although the land may be owned by the landlord, the tenant who produced the crops through their efforts is entitled to the any of the produce generated. Should the tenant be evicted prior to the cultivation process, the tenant is entitled to continue cultivating the crops and ultimately have the right to take the crops with them. If the tenant dies, the crops become the property of the tenant’s heirs. If the crops did not require labor to cultivate, the crops are the property of the landlord and not the tenants.

Crops that require labor to grow are called fructus industriales, while naturally growing plant growth is referred to as fructus naturales.

Emblements — also known as fructus industriales — are crops cultivated through labor. Although they are considered personal property they may transfer with the sale of a property.

Tenants who grow crops on land are entitled to a portion, or all of the emblements. The law of emblements ensures that tenants have the right to use, consume, sale, transfer, or otherwise do as they please with the “fruits of their labor”. A tenant and/or a tenant’s family are still entitled to emblements in the event that a tenant’s lease expires prior to the harvest of the crops; an estate is terminated; or the cultivator dies, resulting in forfeiture of the property.

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