18 Nov 2008
WHAITIRI POTATO COMPANY LIMITED V C R GRACE LIMITED AND ORS HC WN CIV-2007-454-543
- Citation
- openlaw-cf9cde97_5aa7_43ba_adf1_c7f4fe226877.pdf
- Court
- High Court
Crops planted and growing became annexed to the land and, absent an applicable emblements right, belonged to the landlords when the leases were terminated. Emblements did not apply because the leases were terminated by the tenant's own default (failure to pay rent and comply with covenants). Consequently the proceeds of sale belonged to the first and second respondents and liquidation could not affect their title.