Emblements in Real Estate: Definition, Examples and Exam Tips
What are emblements in real estate? The doctrine of emblements explained, fructus industriales vs. fructus naturales, examples and practice exam questions.
By PSI Exams Prep Editorial Team 5 min read
What are emblements in real estate?
Emblements are annual crops produced by someone's labor, like corn, wheat, soybeans or vegetables, and they are treated as personal property rather than part of the land. Because they belong to whoever planted them, a tenant farmer generally keeps the right to harvest them. Under the doctrine of emblements, that can include coming back to harvest after the tenancy has ended.
Emblements are a classic real estate exam term because they test the line between real property (land and what's permanently part of it) and personal property (movable things). Most growing things are part of the land. Planted annual crops are the exception.
What is the doctrine of emblements?
The doctrine of emblements protects tenants who put in the work of planting. It lets the tenant, or the tenant's estate, re-enter the land after the tenancy ends to harvest crops planted during the tenancy, when:
- the tenancy was for an uncertain period, such as a lease granted by a life tenant, or a tenancy at will; and
- it ended through no fault of the tenant, for example because the life tenant died or the landlord ended a tenancy at will.
The doctrine generally doesn't help a tenant who caused the tenancy to end, such as by breaching the lease. It also doesn't help a tenant who planted a crop knowing it couldn't be harvested before a fixed lease end date.
State law can vary
Fructus industriales vs. fructus naturales
| Fructus industriales (emblements) | Fructus naturales | |
|---|---|---|
| What they are | Annual crops planted and cultivated by people | Plants that grow naturally or come back each year |
| Examples | Corn, wheat, cotton, soybeans, vegetables | Trees, orchards, perennial shrubs, natural grasses |
| Type of property | Personal property | Real property, until severed (cut or harvested) |
| Who harvests after a tenancy ends? | The tenant who planted them (doctrine of emblements) | Not applicable; they stay with the land |
Once fructus naturales are severed from the land, such as timber that has been cut, they become personal property. This severance concept appears on exams alongside appurtenances and fixtures.
How does it show up on the real estate exam?
Emblements questions usually fall under property ownership on the national portion. Typical formats:
- “Which of the following is personal property?” The planted crop is the answer.
- A life estate or lease scenario asking who may harvest a crop after the tenancy ends.
- Matching the terms fructus industriales and fructus naturales to examples.
For the rest of the property ownership topics, and a full study plan, see how to pass the PSI real estate exam.
Practice questions
Question 1. Ken leases farmland from Ruth, who holds a life estate. Ken plants corn in April. Ruth dies in July, which ends Ken's lease. Who is entitled to harvest the corn?
- A. The remainderman
- B. Ken
- C. Ruth's heirs
- D. Whoever owns the land at harvest time
Show answer
Answer: B. Ken's tenancy was for an uncertain period and ended through no fault of his own, so under the doctrine of emblements he may return to harvest the crop he planted.
Question 2. Which of the following is an example of fructus naturales?
- A. A soybean crop
- B. An apple orchard
- C. A field of tomatoes
- D. Winter wheat
Show answer
Answer: B. Fruit trees in an orchard are perennial and part of the real property. The other choices are annual crops planted by labor, which are emblements.
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Start practicing freeFrequently asked questions
What are emblements in real estate?
What is the doctrine of emblements?
Are trees and perennial plants emblements?
Do growing crops transfer when farmland is sold?
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