Tenancy

ORS 91.230
Farm tenant’s right to emblements


When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person in possession before the service of notice to quit. [Formerly 91.310]

See also annotations under ORS 91.310 in permanent edition.

Notes of Decisions

Where there was sale of property, upon which tenants had annually planted and harvested grass seed pursuant to oral lease, notice of termination of oral lease given to tenants was not timely, and tenants reseeded and fertilized after sale, tenants were entitled under this section to damages for grass seed crop harvested by new owners. Falk v. Amsberry, 279 Or 417, 569 P2d 558 (1977)

Estate of lessor could not use emblement rights to defeat right of successor to interest in land to collect rent. Simpson v. McCormmach, 125 Or App 603, 866 P2d 489 (1994), Sup Ct review denied

Where tenant voluntarily quitclaims interest in property prior to expiration of lease or foreclosure, tenant retains no interest in crops. Taggart v. Battaglia, 140 Or App 585, 915 P2d 1001 (1996)


Source

Last accessed
Jun. 26, 2021