Emblements: Who Do They Belong To?

What are Emblements in Real Estate?

In real estate these are crops that are planted and taken care of by tenants, and remain the property of the tenants even after they lose possession of the land. When tenants are leasing property that has a farmland on it they may have an opportunity to plant crops on the land. If they do cultivate the land, plant the crops, take care of the crops and then their tenancy is terminated they still have the right to access the land to harvest the crops at harvesttime. And the harvested crop are considered the tenants’ property.

What is the Doctrine of Emblements?

This is a doctrine where it is agreed that if a tenant cultivates land, plants crops and takes care of the crops on a piece of land during their tenancy, and then they lose possession of the land, they still have the legal right to enter the prior leased land to harvest and remove the crops that grew because of their efforts. This is a belief that is adhered to and agreed upon between landowners and tenants that are leasing a property to grow crops on.

Are Crops Personal Property?

Crops are considered personal property when they are separated, harvested or picked from the soil in which they grow. Crops that are still planted in the soil are considered real property or the property of the owner of the land. When crops such as corn, soybeans, wheat and other vegetables are still growing in the ground they are considered real property of the landowner. However, when they are harvested, or taken out of the ground, they become real property.

What Does Fructus Industriales Mean?

Fructus Industriales has the same meaning as emblements. These are crops that are planted annually on land. They are planted by people and require labor to cultivate the land, labor to plant the crops and labor to take care of the crops until it’s time to harvest them. It takes work, time and energy for the final product to be a successful harvest of vegetables, wheat or whatever has been planted. Because it takes work and labor fructus industriales are considered the “fruit of the work.” In the case where tenants of the land cultivated, planted and cared for the crops they get to reap the rewards of their labor.