Wording for land lease for cattle

Dreamfarm · #1 09/25/12, 02:26 PM

I am writing a lease for a farmer to keep his cattle on my land , until I have a chance to get a herd established. He is the farmer I am buying the land from. It is fenced pasture and cattle working corrals. I need him to continue on this land to keep it in agriculture use, since I live out of state. I want it to be something simple that relieves me of liability if his cattle get out and can be dissolved with short notice.

Any thoughts on what I need to be aware of and include?

Thanks

ramiller5675 · #2 09/25/12, 03:16 PM

All I know is that if I was worried about being liable for something, I'd think seriously about talking to a lawyer and getting his input about how to write a lease.

And, if I was renting your land to graze my cattle and you wanted to be able to "dissolve the lease with short notice", I'd expect you to give me a pretty good deal on the rent, since I'm counting on that grazing to make a living. Usually (at least where I live), pasture is rented July to July, so you can plan your grazing and haying for the upcoming year. I'd be pretty bent out of shape if someone decided to dissolve my lease in April just before I was going to start grazing it.

Dreamfarm · #3 09/25/12, 05:26 PM

he currently is grazing the land and will continue grazing the land. He is selling me this 20 acres and to keep it still in agricultural use I am leasing this land for no charge since I am out of state and dont own livestock yet.

When I move there I dont want a problem if something ever came up and I needed to move there right away..not anticipating anything...just thinking ahead. Want to cover my -----.

opportunity · #4 09/25/12, 06:42 PM

We have several leases for grazing. We have one that is summer use only it runs from october ot october we are responsible for all weed control and fence repair. The others we use to cut hay and graze in the winter we are resopsible for irrigation, weed control, fences, fertalizer, harrowing and the leases run april to april that is a good way for it to work here the grass is done growing by late september and starts again in april.

agmantoo · #5 09/25/12, 06:51 PM

Since you are not charging for the lease I would make the agreement simple. I would include that I could at any time cancel his lease for any reason or no reason. Here in NC if the tenant turns the ground as early as 1 January the tenant will have the right to harvest the crop regardless. I would get the agreement notarized.

downsized · #6 09/25/12, 07:32 PM

You don't have animals right now and if " if something ever came up and I needed to move there right away" how likely is it that you'd suddenly find yourself having to re-home a group of cattle?

How would the farm deal with it if you gave him 30 days notice to move his herd? If he had another option, he'd be better off going with that option rather than risk having to move a herd that may be about to calve out or 30 days before he was about to send them to sale since the extra move could cause him to loose hundreds of pounds of weight across the herd.

Have you been honest with this person that you want the ability to kick him off in "short notice". It seems unfair that you're using him to maintain an ag status on the property (so I'm guessing you're avoiding taxes) and still want the ability to bounce him with no notice. If you want that ability, just take the tax hit or get the acreage hayed off and call it ag that way.

Free or not, the lease sounds like a bad deal for the farmer.

Dreamfarm · #7 09/25/12, 09:30 PM

He owns the 200 acres next adjoining this land and he will be using the cattle working corrals. I will be buying several cows from him as I start my herd. and I should b e moving there in the next 3 years. In the meantime I will be making improvements agriculturally to the land....upgrading the sprinkler system, planting fruit trees etc since this is will be my farm. Not trying to get out of paying taxes. When I say short notice..I was thinking like if there was a huge earthquake and California was a disaster zone, or a big nuclear bomb went off, not anything likely to happen, of if I found out he was doing something horrible on the land and needed a way to get him to release it.

It is just for the title transfer that I need to show I intend to keep it in agriculture, which by the way is why I am buying the land in the first place, to raise cattle.