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Agricultural Leases: Unique Terms, Drafting Considerations, and Pitfalls for Landlords and Tenants

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 31, 2023

Recorded event now available

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This CLE course will provide practical guidance for counsel representing landlords and tenants on key considerations and issues specific to negotiating and drafting agricultural leases. The panel will discuss threshold considerations, contract provisions unique to agricultural leases, and best practices for mitigating risk and liability for both parties.


Commercial leases generally contain certain rights and provisions common to most agreements. However, practitioners face a different set of challenges and considerations when drafting agricultural leases and should understand what these are so as to mitigate risk and liability for their clients.

Agricultural leases--whether for farming or other uses such as grazing, hunting, or mineral/energy development--require certain threshold considerations including the type of lease needed depending on how the land is to be used and the parties to the agreement (e.g. private parties, government entities), state statutory requirements, and the possible effect of market conditions.

Additionally, agricultural leases incorporate detailed provisions not usually found in other types of commercial leases such as land use provisions that may allow for the application of defined chemicals, reserve mineral rights to the landowner, and warrant production capabilities of the land, as well as remedial terms that may allow, upon the tenant's default, the landlord to re-enter the property to harvest crops without causing forfeiture of the tenant's obligation to pay rent.

Listen as our expert panel provides an overview of unique issues and considerations involved in negotiating and drafting agricultural leases. The discussion will include threshold considerations, key terms, and best practices for limiting risk for each party.



  1. Identifying threshold considerations
    1. Types of agricultural leases and under what circumstances they should be used
      1. Farm leases
        1. Cash rent lease
        2. Crop share lease
        3. Hybrid lease
      2. Leases for specific land use
    2. State statutory considerations
      1. Provisions common to most/all states
      2. Examples of noteworthy unique state provisions
    3. Market trends to consider
  2. Lease terms with provisions unique to agricultural leases
    1. Parties
    2. Purpose
    3. Real estate description
    4. Rental amount/method of payment
    5. Allowed/prohibited uses
    6. Transfer of tenant's interest
    7. Payment of property taxes and insurance
    8. Repairs, maintenance, improvement costs
    9. Rights and obligations of both parties
    10. Lease termination/renewal
    11. Remedies upon default
    12. Other considerations
  3. Best practices for mitigating risk and liability
    1. Insurance considerations
    2. Recording the lease


The panel will address these and other key issues:

  • What provisions are unique to different types of land leases and under what circumstances should each type of lease be used?
  • What state/local statutory considerations should be made prior to drafting?
  • What provisions unique to agricultural leases should be incorporated into the lease terms?
  • What market considerations should be taken into account?
  • What are best practices for mitigating risk and liablity for each party?


Bocci, Marisa
Marisa N. Bocci

K&L Gates

Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing....  |  Read More

Ferrell, Shannon
Dr. Shannon Ferrell

Associate Professor
Oklahoma State University

Prof. Ferrell has provided over 300 extension seminars and workshops throughout North America with a cumulative...  |  Read More

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