Emblements - Definition - Law Dictionary Home Dictionary Definition emblements

Definition :

Emblements [fr. emblavance de bled, O. Fr. corn sprung or put above ground], the growing crops of those vegetable productions of the soil which are annually produced by the labour of the cultivator. They are deemed personal property, and pass as such to the executor or administrator of the occu-pier, whether he were the owner in fee, or for life, or for years, if he die before he has actually cut, reaped, or gathered the same; and this, although being affixed to the soil, they might for some purposes be considered, whilst growing, as part of the realty.

The growing crop annually produced by labour, as opposed to a crop naturally, Black Law Dictionary, 7th Edn., p. 540.

If a tenant for life or pur autre vie die, his executor or administrator is entitled to emblements', for the estate was determined by the act of God; and it is a maxim in the law that actus Dei nemini facit injuriam. The advantages of emblements are extended to parochial clergy by 28 Hen. 8, c. 11, but a person who resigns his living, or forfeits it by his own act, is not entitled to emblements, although his lessee is. By devise, the devise may, without express words, be entitled to the growing crops. But a legatee of the goods, stock, and movables on a farm is entitled to growing corn in preference as well to the devisee of the land as to the executor. So, a tenant at will, the duration of whose tenancy is uncertain, is, if the lessor suddenly determine the tenancy, entitled to emblements. And, at Common Law, fructus industriales, as growing corn and other annual produce, which would go the executor upon death, may be taken in execution; but the appraisement and sale thereof are regulated by statute; and, by statute, growing crops may be distrained upon, and sold when ripe. But a crop of natural grass growing at the time of the death of a tenant for life, and although fit to cut for hay, does not belong to his executor, but goes to the remainder-man.

It is provided by the (English) Landlord and Tenant Act, 1851 (14 & 15 Vict. c. 25), s. 1, as amended by the Agricultural Act, 1920 (10 & 11 Geo. 5, c. 76), s. 14, that 'where the tenancy of any farm or lands held by a tenant at rack-rent shall determine by the death or cesser of the estate of any landlord entitled for his life, or for any other uncertain interest, instead of claims to emblements, the tenant shall continue to occupy such farm or lands until the occupation is determined by a twelve months' notice to quit, expiring at the end of a year of the tenancy.'