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Frequently Asked Questions:

What happens if a farmer-tenant has crops in the ground when his/her lease terminates?

In a farmland lease arrangement, annual crops produced by a tenant legally belong to the tenant. How this issue is addressed depends on the type of crop, the language in the lease, and other factors. The best approach is to include a lease provision allowing a tenant to come back on the leased property to harvest crops after the lease has terminated. In some jurisdictions, if a lease does not address the issue, the “doctrine of emblements” may apply. In some states the common law “doctrine of emblements” guarantees the farmer’s right to harvest and carry away his or her crops (“emblements”), even if the crop matures after a lease terminates.

Posted in: Termination and Default, Lease Agreements