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 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.
Outline
- Identifying threshold considerations
- Types of agricultural leases and under what circumstances they should be used
- Farm leases
- Cash rent lease
- Crop share lease
- Hybrid lease
- Leases for specific land use
- Farm leases
- State statutory considerations
- Provisions common to most/all states
- Examples of noteworthy unique state provisions
- Market trends to consider
- Types of agricultural leases and under what circumstances they should be used
- Lease terms with provisions unique to agricultural leases
- Parties
- Purpose
- Real estate description
- Rental amount/method of payment
- Allowed/prohibited uses
- Transfer of tenant's interest
- Payment of property taxes and insurance
- Repairs, maintenance, improvement costs
- Rights and obligations of both parties
- Lease termination/renewal
- Remedies upon default
- Other considerations
- Best practices for mitigating risk and liability
- Insurance considerations
- Recording the lease
Benefits
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?
Faculty
Marisa N. Bocci
Partner
K&L Gates
Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing.... | Read More
Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing. Her practice focuses on hotel and resort properties, commercial real estate assets, and agriculture/agribusiness matters. In the agriculture sector, Ms. Bocci has specific experience in matters relating to farmland real estate investments. She handles transactions across the country involving the purchase, sale, leasing and financing of farmland. Further, she is familiar with operational issues specific to the food packing and processing industry, including supply chain and labor arrangements. In addition, she also advises clients on agribusiness-related M&A transactions and regularly speaks and writes on agribusiness topics.
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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
Prof. Ferrell has provided over 300 extension seminars and workshops throughout North America with a cumulative audience in excess of nearly 19,000 while authoring over 50 extension publications, including serving as lead author on the Farm Transition Workbook. His extension activities encompass all areas of agricultural law, and he also teaches the agricultural law courses at both Oklahoma State University and the University of Oklahoma College of Law.
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