Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipMedium
A tenant farmer leases agricultural land under an agreement that allows them to remove their crops, which they planted and cultivated, even after the lease has expired. What legal term describes these crops?
- AEmblements
- BTrade fixtures
- CFixtures
- DAppurtenances
Show answer & explanationAnswer & explanation
Correct answer: A. Emblements
Emblements are growing crops that are produced annually through labor and industry. They are considered personal property and belong to the tenant farmer, who has the right to harvest them even if the lease expires before harvest.
Why the other options are wrong
- B. Trade fixtures are items installed by a tenant for business purposes, personal property, but not specifically crops.
- C. Fixtures are items once personal property but now permanently attached to real estate, becoming real property.
- D. Appurtenances are rights or privileges associated with the property and typically 'run with the land,' not personal property crops.
Emblements
Annually cultivated crops that are considered personal property of the tenant farmer, with the right to harvest them even after the lease expires.
- Result of human labor and industry (fructus industriales).
- Considered personal property.
- Tenant has the right to re-enter and harvest after lease termination.
Memory trick: EMBLEMENTS are the fruits of the farmer's LABOR.