Emblements Right in Agricultural Lease

What Are Emblements?

Emblements are annual crops that a tenant has planted and cultivated on leased agricultural land. Under the doctrine of emblements, the tenant retains the right to re-enter the property after the lease ends to harvest crops they planted, provided the lease terminated through no fault of the tenant.

Key Principles Under Florida Law

• Personal property: Emblements are considered the tenant's personal property, not part of the real estate
• Annual crops only: The doctrine applies to crops requiring annual planting and cultivation (corn, vegetables, soybeans), not perennial crops (citrus trees, timber)
• Involuntary termination: The tenant's right to emblements exists only when the lease ends through no fault of the tenant
• Right of re-entry: The tenant may enter the property to cultivate and harvest the crops after the lease terminates

When Emblements Rights Apply

• The landlord terminates a tenancy at will after the tenant has planted crops
• A life tenant dies after the tenant farmer has planted but before harvest
• The lease expires by its terms during the growing season
• The property is sold to a new owner during the growing season

When Emblements Rights Do Not Apply

• The tenant voluntarily surrenders the lease
• The tenant is evicted for cause (breach of lease terms)
• The crops are perennial (fruit trees, sugarcane, timber)
• The tenant knew the lease would end before harvest when they planted

Related Terms

• Easement — Property use rights that may affect agricultural land
• Encumbrance — Claims against property that affect ownership
• Equity — Ownership interests in real property

Barnes Walker Agricultural Law

Barnes Walker's real estate attorneys advise Florida landowners and tenants on agricultural lease terms, crop rights, and emblements issues in property transactions. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC