1. The growing crop annually produced by labor, as opposed to a crop occurring naturally. • Emblements are considered personal property that the executor or administrator of a deceased tenant may harvest and take regardless of who may have since occupied the land.
— Also termed fructus industriales. [Cases: Crops
1. C.J.S. Crops §§ 1–5, 9.]
2. The tenant’s right to harvest and take away such crops after the tenancy has ended. [Cases: Landlord and Tenant 139(2). C.J.S. Landlord and Tenant § 349.]
“At common law those products of the earth which are annual, and are raised by yearly manurance and labor, and essentially owe their annual existence to the cultivation by man, [are] termed ‘emblements’ and sometimes ‘fructus industriales.’ ” Sparrow v. Pond, 52 N.W. 36, 36 (Minn. 1892).
“The law of emblements has its origin and matrix, in the privilege, recognized at least as early as the fifteenth century, of the tenant for an uncertain term, to harvest and remove, even after the tenancy had terminated, the annual crop, which he had planted and nurtured.” Ray Andrews Brown, The Law of Personal Property § 159, at 806 (2d ed. 1955).
