How are Ag leases special?

December 17, 2020

There are a number of different types of leases that deal with agricultural land. From cash rent to crop sharing arrangements to grazing leases, these agreements need to address items that simply do not come up in a commercial lease.

There are many terms that are need to be addressed in all leases:

  • Who the parties are
  • How rent is calculated and when it is due
  • Security deposits
  • The landlord’s options if the tenant fails to pay
  • The tenant’s options if the landlord fails to meet its obligations
  • Who pays and owns improvements to the leased premises
  • Insurance
  • Taxes
  • Restrictions and conditions on subletting

There are also many terms that are specific to a lease of agricultural land:

  • Permitted farming practices
  • Required farming practices
  • Maximum grazing capacity
  • Who is responsible for maintaining fences
  • Dower releases
  • Allocating revenue from oil and gas activity
  • Lumber removal from the property
  • Irrigation usage

MHR Law understands the needs of farmers and ranchers and would be happy to help prepare your next lease. Call us to set up an appointment with one of our lawyers.