Emblements

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In the common law, emblements are annual crops produced by cultivation legally belonging to the tenant with the implied right for its harvest, and are treated as the tenant's property.[1]

The doctrine chiefly 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 another 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.[2]

[edit] References

  1. ^ Dutton v. International Harvester Co., 504 N.E.2d 313 (Ind. Ct. App.., 1987)
  2. ^ Pittman v. Max H. Smith Farms, Inc., 506 N.E.2d 1139 (Ind. Ct. App., 1987).


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