Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-2
When Tenant at Will Entitled to Emblements.
Operative Text
The tenant at will is entitled to his emblements, if the crop is sowed before notice to quit by the landlord, or the tenancy otherwise suddenly terminated, as by sale of the estate by the landlord, or by judicial sale, or death of the landlord or tenant.
Under Alabama Code § 35-9-2, a tenant who farms land on a will-based tenancy retains the right to harvest crops they planted before the tenancy ended. This rule applies when the tenancy is cut short by events such as the landlord giving notice to quit, a sale of the property, a judicial sale, or the death of either the landlord or the tenant. The doctrine of emblements ensures that a tenant is not penalized for investing labor and resources in a crop when the termination of their tenancy was outside their control.
Plain English — not legal advice.
Under Ala. Code § 35-9-2, operators who hold property subject to a will-based tenancy should be aware that a farming tenant generally retains the right to re-enter and harvest any crop that was already in the ground before notice to quit was given or before the tenancy ended by operation of law. Compliant property owners and their successors in interest typically allow the outgoing tenant reasonable access to complete the harvest of standing crops. This applies even when the tenancy ends through a property sale, judicial sale, or the death of a party, so new owners or estate representatives are generally expected to honor this right.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9-2 recognizes that a tenant at will who has planted crops before receiving notice to quit—or before the tenancy is suddenly ended by a sale, judicial sale, or death—retains the legal right to those crops, known as emblements. If a landlord, new owner, or estate representative interferes with a tenant's ability to harvest crops protected under this provision, the tenant may have grounds to raise that interference as a legal claim or defense. Tenants who believe their emblements rights are being denied may wish to consult a tenant-rights organization or an attorney familiar with Alabama property law for general information about available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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