Farm and Ranch Leases: Legal Issues and Negotiation Strategies
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Learn about the key issues impacting farm and ranch leases.
This topic will allow you to discuss the current, on-the-ground issues affecting owners and lessees of agricultural real estate, draft clauses that clearly state the rights and obligations of the parties, and advise lessors and lessees as to risk and liability issues, indemnity provisions, default and cure provisions, rent calculation formulas, and how they might preserve the economic value of a leased farm/ranch.
Identify risks to which landowners may be exposed when leasing to farm operators, cattle grazing operations, and hunting and recreational users. You will also be able to identify where insurance and other risk management tools may be used. Look at the economics of a lease that provides income to investors, retiring owners, and absentee owners. You also will be able to review and advise clients who are farm operators (prospective lessees) who are considering leases as a means of managing, and living off income producing farms and ranches, considering cattle raising operations on leased land, hunting and recreational users who want safe and successful hunting activities.
AuthorsJames D. Eggleston Jr., Eggleston King, LLP
Who Are Good Prospects for Farm and Ranch Leases
• Why Is Farm and Ranch Investing a Very Important Topic?
• What Are the Current, Key Trends in Farming and Ranching?
• Why Is the Farm and Ranch Lease so Critical to the Future of Agriculture?
• Who Are Good Candidates to Be Lessors/Lessees Under Farm/Ranch Leases?
Structuring the Sale-Lease Back Transaction for the "Family" Farm Operator
• What Are "Fund" and "Institutional" Agricultural Investors Is Looking for?
• Key Lease Issues to Resolve Between Absentee Owners and Farm Operators
• Methods of Calculating Lease Payments
• Keeping Farm Operator Motivated to Produce Revenue for the Farm Investor/Owner
Leases of Farm Land for Crop Production
• Different Types of Crop Leases and Income Streams
• Protecting Each of the Parties in the Event of Crop Failure/Weather Events
• Building in Accountability and Transparency Into the Lease
• Getting to "Win-Win" in Crop Leases
• Different Types of Leases and Income Streams
• Remedies of the Landlord Upon Lessee Defaults
• Key Lease Terms That Each Party Should Avoid or Seek to Achieve
• Securing the Lessee's Rental Obligations and Lessor's Remedies for Defaults
• Preserving Harmony Among Differing Categories of Farm/Ranch Users
• Protecting the Landowner From Risks/Damages Created by Hunters
• Clauses Insuring Wildlife Quality for Future Hunting Seasons and Revenue Opportunities
• Drafting Clauses to Insure the "Surrendered" Ranch (After a Lease Terminates) Is Not Costly to Restore