O.C.G.A. § 44-6-104 (2019)
Right of tenant for years to emblements
A tenant for years is not entitled to emblements unless, before the end of the period which had been fixed for the termination of the estate for years, the happening of some contingency as provided in the creation of the estate terminates the estate without fault on the part of the tenant.
History
(Orig. Code 1863, § 2258; Code 1868, § 2250; Code 1873, § 2276; Code 1882, § 2276; Civil Code 1895, § 3112; Civil Code 1910, § 3688; Code 1933, § 85-804; Ga. L. 1982, p. 3, § 44.)
Annotations
Cross references. - Landlord and tenant relationship generally, Ch. 7 of this title. Law reviews. - For article, ‘‘Usufructs
and Estates for Years Distinguished,’’ see 18 Ga. St. B.J. 116 (1982).
JUDICIAL DECISIONS General custom cannot deprive contracting party of right secured by law. - General custom governing a trade or business cannot be proved for the purpose of depriving one of the contracting parties of an absolute right explicitly secured to that party by the law of the state. Fleming & Bowles v. King, 100 Ga. 449, 28 S.E. 239 (1897). Custom does not give tenant right to emblements. - If the provisions of this statute have reference to landlords and ten-
ants when the term of the tenancy extends for less than five years and the estate is created, then, under the rule just stated, no proof or mere custom would operate to give to the tenant the right to emblements thus specifically denied. Carter v. Booth, 25 Ga. App. 796, 104 S.E. 910 (1920) (see O.C.G.A. § 44-6-104). Cited in Bristol Sav. Bank v. Nixon, 169 Ga. 282, 150 S.E. 148 (1929).
RESEARCH REFERENCES Am. Jur. 2d. - 21A Am. Jur. 2d, Crops, §§ 20, 22, 23. 49 Am. Jur. 2d, Landlord and Tenant, § 65. C.J.S. - 51C C.J.S., Landlord and Tenant, §§ 342, 349.
ALR. - Rights of lessee to minerals extracted during the lease but remaining on the premises after its termination, 51 ALR2d 1121.