N.C. Gen. Stat. § § 42-7
In lieu of emblements, farm lessee holds out year, with rents apportioned.
Operative Text
When any lease for years of any land let for farming on which a rent is reserved determines during a current year of the tenancy, by the happening of any uncertain event determining the estate of the lessor, or by a sale of said land under any mortgage or deed of trust, the tenant in lieu of emblements shall continue his occupation to the end of such current year, and shall then give up such possession to the succeeding owner of the land, and shall pay to such succeeding owner a part of the rent accrued since the last payment became due, proportionate to the part of the period of payment elapsing after the termination of the estate of the lessor to the giving up such possession; and the tenant in such case shall be entitled to a reasonable compensation for the tillage and seed of any crop not gathered at the expiration of such current year from the person succeeding to the possession. (1868-9, c. 156, s. 8; Code, s. 1749; Rev., s. 1990; C.S., s. 2347; 1931, c. 173, s. 1.)
North Carolina General Statute § 42-7 addresses what happens to a farm tenant when a lease ends unexpectedly mid-year — for example, because the landlord's ownership interest terminates due to an unforeseen event or a mortgage foreclosure sale. Rather than losing the right to harvest crops already in the ground (the traditional common-law concept of 'emblements'), the tenant is allowed to continue farming through the end of that current lease year. At the close of that year, the tenant must surrender the land to the new owner and pay a proportionate share of rent covering the period after the original landlord's interest ended; in return, the new owner must fairly compensate the tenant for any crops that were planted but not yet harvested when the year concluded.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-7, a party who acquires farmland mid-tenancy — whether through a mortgage foreclosure, deed of trust sale, or another event that terminates the prior owner's estate — generally steps into a defined relationship with the existing farm tenant. Compliant successor owners typically allow the tenant to complete the current farming year without interference, accept a prorated rent payment covering only the period from the prior owner's termination to the end of that year, and provide reasonable compensation for any unharvested crops and associated tillage and seed costs. Keeping clear records of the acquisition date, the lease's payment periods, and the status of any crops in the ground helps a successor owner calculate obligations accurately under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-7 gives farm tenants a protective right when a lease ends mid-year through no fault of their own — such as when the landlord's property is sold through foreclosure or another uncertain event cuts off the landlord's ownership. Under this provision, a tenant generally has the right to remain on the land and complete the current farming year, and is entitled to reasonable compensation for crops that were planted but not yet gathered when that year ends. Tenants who believe a successor owner is denying these rights or refusing fair compensation for unharvested crops may consider consulting a tenant-rights organization, a legal aid office, or a private attorney familiar with North Carolina agricultural tenancy law to understand available options.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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