Land use and encumbrances
Emblements
Annual crops treated as the tenant’s personal property
Crops a tenant plants and cultivates belong to that tenant even though they are growing in someone else’s soil. If the land is sold or the tenancy ends unexpectedly, the tenant keeps the right to re-enter and harvest what they planted.
How the exam asks about it
The classic distractor is the fixture rule. Attached things normally go with the land; emblements are the deliberate exception, because the crop is the product of the tenant’s labor rather than of the land alone.
Related terms
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