I have 80 acres that yesterday I gave a verbal agreement to rent annually to an adjacent farm. Today he already has no-tilled in some annual rye grass for his use. I would like a short written agreement. I know I need the names, parcel locations, payment amount and when, and the date of the agreement, and of course signatures. I also want to reserve the right to enter the property. Another wrinkle is the land is for sale. How would I address the potential selling of part of the parcel? Any comments are appreciated.
land rental agreement
- Thread starter L3650
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ByronBob
Veteran Member
The only wrinkle might be that you need to allow him to harvest his crop in the event you sell. Somehow the language must be written in the event you sell that he's allowed to harvest without damage to his investment.
Indydirtfarmer
Platinum Member
</font><font color="blue" class="small">( I have 80 acres that yesterday I gave a verbal agreement to rent annually to an adjacent farm. Today he already has no-tilled in some annual rye grass for his use. I would like a short written agreement. I know I need the names, parcel locations, payment amount and when, and the date of the agreement, and of course signatures. I also want to reserve the right to enter the property. Another wrinkle is the land is for sale. How would I address the potential selling of part of the parcel? Any comments are appreciated. )</font>
I'd suggest contacting your county extention office, or a state University AG dept. for starters . They USUALLY have "standard" AG lease forms that would at the very least, give you a good idea as to what all needs to be included. I have 5 different "farms" rented at this time Every one has a totally different arraingement.
I'd suggest contacting your county extention office, or a state University AG dept. for starters . They USUALLY have "standard" AG lease forms that would at the very least, give you a good idea as to what all needs to be included. I have 5 different "farms" rented at this time Every one has a totally different arraingement.
LarryD
Veteran Member
Indy's right, there are lots of sources available for template you could tailor to your needs. You could probably search the internet for "agricultural lease" and get a thousand hits.
It is always good to put these kinds of things in writting, just insist the leasee reads it. I'll frequently hear people say the didn't know somthing was in a contract, but they signed it. /forums/images/graemlins/confused.gif
It is always good to put these kinds of things in writting, just insist the leasee reads it. I'll frequently hear people say the didn't know somthing was in a contract, but they signed it. /forums/images/graemlins/confused.gif
The county extension agent was useless. He never even returned the call.
Internet search yield few clues. Most sites were selling their templates.
Went to the library and got some books. Most everything tailored to apartment or dwelling leases.
I put together something very basic. It should work. Thank you for the input.
Internet search yield few clues. Most sites were selling their templates.
Went to the library and got some books. Most everything tailored to apartment or dwelling leases.
I put together something very basic. It should work. Thank you for the input.
kensfarm
Veteran Member
"I put together something very basic."
Here is one I'm currently using.. they can get pretty long.. but you need to protect yourself too.
Farm Lease
This lease agreement is made this 28th day of February, 2004, between
Operator(s):
Owner(s):
THE PARTIES AGREE AS FOLLOWS:
1. DESCRIPTION OF FARM. The Owner in consideration of the terms specified herein, leases to the Operator for agricultural purposes the following legally described property (“REAL ESTATE”):
The Real Estate is located at xxx, in Thurmont, Maryland, containing 85 acres, more or less, and subject to all easements now existing or which the Owner may grant in the future.
2. TERM OF LEASE. The term of this lease shall be for the period of ? years beginning
xxxxxx , and ending xxxxxxxx and continuing thereafter from year to year, unless either party gives written notice to the other as specified by Maryland law, such to be given on or before September 1 of the final lease year to become effective the following March 1.
3. PURPOSES OF THE LEASE. The Operator shall have the right to use the property for the
production of crops subject to the following limitations:
There are 65 contract acres available according to county FSA records. The Owner will retain
the field located in front of & beside the barn.. and the field located beside the house.
The housing, buildings and storage structures located on the Real Estate may NOT be used by
the Operator and are NOT included in this lease.
Hunting rights will be retained by Owner.
4. CASH RENT Operator agrees to pay the Owner cash rent for the use of the Real Estate as follows:
Total annual rent $xxxxx The cash rent shall be due and payable as follows: $xxx/ Month by the 15th day of the Month.
5. OPERATOR DUTIES AND CONDITIONS. Operator agrees to:
a. Prepare the land and plant such crops as agreed on in a timely fashion, as weather conditions permit.
b. Manage carefully all growing crops and to harvest all crops in a timely fashion as weather permits.
c. Farm the land in an efficient and husband-like manner.
d. Do what is reasonably necessary to control soil erosion including, maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will
cause damage to the Real Estate.
e. Use reasonable efforts to control weeds in fields, fence rows, road ditches, building lots, and all other areas of the farm.
f. Protect all desirable vegetation, such as grass field borders, grassed waterways, wildlife cover, shrubs and trees.
g. Follow a mutually acceptable tillage program for each of the crops planted. Such plan shall meet soil conservation and surface residue requirements as prescribed by the FSA conservation
plan.
h. Comply with all local, state, and federal laws and regulations governing all activities related to
the application of pesticides and commercial fertilizers, the cultivation of crops and the
compliance thereof. Follow label directions in the handling and application of all chemicals
used on the Real Estate, and follow all applicator’s licencing requirements. Comply with
local, state, and federal laws and regulations pertaining to groundwater contamination, manure
disposal, and hazardous waste storage or disposal.
i. Not allow any public use of the land without written consent of the Owner.
6. EXPENSES
a. All materials and services related to the production of agricultural products shall be acquired and paid for by the Operator:
b. No expense shall be incurred for or on account of the Owner without first obtaining written
permission from the Owner.
7. REAL ESTATE AND PERSONAL PROPERTY TAXES. The Owner agrees to pay all taxes,
assessments, or other public charges levied or assessed by lawful authority against the Real Estate.
The Operator agrees to pay all personal property taxes, assessments, or other public charges levied or
assessed by lawful authority against the Operator’s personal property on the premises, during the term
of the lease.
8. INSURANCE. Both the Operator and Owner will keep their respective property interests reasonably
insured against hazards and casualties. In the event of any damage to crops, buildings, or improvements
by any natural or man-made disaster, the Operator shall inform the Owner with 48 hours. Both Owner and Operator hereby release the other from claims for recovery for any loss or damage to any property owned by either party which is insured under valid and collective insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that waiver shall apply only when permitted by the applicable policy of insurance.
9. TRANSFER OF INTEREST. The Operator agrees not to lease or sublet any part of the Real Estate
nor assign this lease to any other person, nor sublease any or all of the property described herein
without prior written permission of the Owner.
10. INDEMNIFICATION. The Operator shall take possession of the premises subject to the usual
hazards of operating a farm and assume all of the risks of accidents to the Operator and the Operator’s
family or agents, in pursuance of the farming operation, and in performing repairs or improvements or
other actions pursuant to this lease. The Operator agrees to indemnify, defend, and hold harmless the
Owner against any liability and/or pay for any and all damages, losses, or expenses incurred by the
Owner in connection with leased premises, beyond that covered by insurance due to Operator’s
negligence or failure to perform the terms of this lease.
The Owner agrees to indemnify, defend, and hold harmless the Operator against any liability and/or
pay for any and all damages, losses, or expenses incurred by the Operator in connection with the
leased premises, beyond that covered by insurance, due to Owner’s negligence or failure to perform
the terms of this lease.
The Owner shall assume liability and shall indemnify and hold the Operator harmless against any
liability or expense arising from any condition which existed, whether known or unknown, at the time
of execution of the lease which is not a result of actions of the Operator or which arises after the date
of execution but which is not a result of actions of the Operator.
It is further understood that both parties have read the terms and provisions of this lease agreement
and have agreed to abide by the terms and provisions herein.
11. SIGNATURES.
OWNER:_________________________ _____________________________________
(signature here)
Printed name__________________________ SS# __________________ Date________
OPERATOR:_____________________ _____________________________________
(signature here)
Printed name__________________________ SS# ___________________ Date________
Here is one I'm currently using.. they can get pretty long.. but you need to protect yourself too.
Farm Lease
This lease agreement is made this 28th day of February, 2004, between
Operator(s):
Owner(s):
THE PARTIES AGREE AS FOLLOWS:
1. DESCRIPTION OF FARM. The Owner in consideration of the terms specified herein, leases to the Operator for agricultural purposes the following legally described property (“REAL ESTATE”):
The Real Estate is located at xxx, in Thurmont, Maryland, containing 85 acres, more or less, and subject to all easements now existing or which the Owner may grant in the future.
2. TERM OF LEASE. The term of this lease shall be for the period of ? years beginning
xxxxxx , and ending xxxxxxxx and continuing thereafter from year to year, unless either party gives written notice to the other as specified by Maryland law, such to be given on or before September 1 of the final lease year to become effective the following March 1.
3. PURPOSES OF THE LEASE. The Operator shall have the right to use the property for the
production of crops subject to the following limitations:
There are 65 contract acres available according to county FSA records. The Owner will retain
the field located in front of & beside the barn.. and the field located beside the house.
The housing, buildings and storage structures located on the Real Estate may NOT be used by
the Operator and are NOT included in this lease.
Hunting rights will be retained by Owner.
4. CASH RENT Operator agrees to pay the Owner cash rent for the use of the Real Estate as follows:
Total annual rent $xxxxx The cash rent shall be due and payable as follows: $xxx/ Month by the 15th day of the Month.
5. OPERATOR DUTIES AND CONDITIONS. Operator agrees to:
a. Prepare the land and plant such crops as agreed on in a timely fashion, as weather conditions permit.
b. Manage carefully all growing crops and to harvest all crops in a timely fashion as weather permits.
c. Farm the land in an efficient and husband-like manner.
d. Do what is reasonably necessary to control soil erosion including, maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will
cause damage to the Real Estate.
e. Use reasonable efforts to control weeds in fields, fence rows, road ditches, building lots, and all other areas of the farm.
f. Protect all desirable vegetation, such as grass field borders, grassed waterways, wildlife cover, shrubs and trees.
g. Follow a mutually acceptable tillage program for each of the crops planted. Such plan shall meet soil conservation and surface residue requirements as prescribed by the FSA conservation
plan.
h. Comply with all local, state, and federal laws and regulations governing all activities related to
the application of pesticides and commercial fertilizers, the cultivation of crops and the
compliance thereof. Follow label directions in the handling and application of all chemicals
used on the Real Estate, and follow all applicator’s licencing requirements. Comply with
local, state, and federal laws and regulations pertaining to groundwater contamination, manure
disposal, and hazardous waste storage or disposal.
i. Not allow any public use of the land without written consent of the Owner.
6. EXPENSES
a. All materials and services related to the production of agricultural products shall be acquired and paid for by the Operator:
b. No expense shall be incurred for or on account of the Owner without first obtaining written
permission from the Owner.
7. REAL ESTATE AND PERSONAL PROPERTY TAXES. The Owner agrees to pay all taxes,
assessments, or other public charges levied or assessed by lawful authority against the Real Estate.
The Operator agrees to pay all personal property taxes, assessments, or other public charges levied or
assessed by lawful authority against the Operator’s personal property on the premises, during the term
of the lease.
8. INSURANCE. Both the Operator and Owner will keep their respective property interests reasonably
insured against hazards and casualties. In the event of any damage to crops, buildings, or improvements
by any natural or man-made disaster, the Operator shall inform the Owner with 48 hours. Both Owner and Operator hereby release the other from claims for recovery for any loss or damage to any property owned by either party which is insured under valid and collective insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that waiver shall apply only when permitted by the applicable policy of insurance.
9. TRANSFER OF INTEREST. The Operator agrees not to lease or sublet any part of the Real Estate
nor assign this lease to any other person, nor sublease any or all of the property described herein
without prior written permission of the Owner.
10. INDEMNIFICATION. The Operator shall take possession of the premises subject to the usual
hazards of operating a farm and assume all of the risks of accidents to the Operator and the Operator’s
family or agents, in pursuance of the farming operation, and in performing repairs or improvements or
other actions pursuant to this lease. The Operator agrees to indemnify, defend, and hold harmless the
Owner against any liability and/or pay for any and all damages, losses, or expenses incurred by the
Owner in connection with leased premises, beyond that covered by insurance due to Operator’s
negligence or failure to perform the terms of this lease.
The Owner agrees to indemnify, defend, and hold harmless the Operator against any liability and/or
pay for any and all damages, losses, or expenses incurred by the Operator in connection with the
leased premises, beyond that covered by insurance, due to Owner’s negligence or failure to perform
the terms of this lease.
The Owner shall assume liability and shall indemnify and hold the Operator harmless against any
liability or expense arising from any condition which existed, whether known or unknown, at the time
of execution of the lease which is not a result of actions of the Operator or which arises after the date
of execution but which is not a result of actions of the Operator.
It is further understood that both parties have read the terms and provisions of this lease agreement
and have agreed to abide by the terms and provisions herein.
11. SIGNATURES.
OWNER:_________________________ _____________________________________
(signature here)
Printed name__________________________ SS# __________________ Date________
OPERATOR:_____________________ _____________________________________
(signature here)
Printed name__________________________ SS# ___________________ Date________
