Category Archives: Leases

Iowa Farm Lease Case Offers Reminder of Importance of Written Agreements

A case recently decided by the Iowa Court of Appeals offers an important lesson for farm landlords and tenants when it comes to drafting leases:  all terms of a lease should be contained in the written lease agreement. Background Beginning in 2006, Four Acres began leasing 690 acres of Iowa farmland from Mr. Peck.  The parties signed a lease agreement that provided the lease would be for a term of 1 year for 689.5 acres, for which the tenant (Four Acres) agreed to pay $195.00.  The equal payments… Read More →

Questions from Tiffany’s Desk: If My Landlord Sells The Property During My Lease Term, Does The Lease Continue?

Question   I currently have a pasture lease that lasts through the end of the year.  My landlord just sold the property to someone else.  Does my lease continue on with the new owner? Answer   This is a great question, and one that I frequently get asked at presentations.  There are, surprisingly, few Texas cases that have addressed this issue.  Nevertheless, the law appears to be fairly settled on this point.  As with most legal questions, the answer depends on the facts. First, if the original lease… Read More →

March 27, 2015 Weekly Round Up

I spent this week on the road in San Angelo speaking at county programs in four different locations.  The turn outs were  great, participation was excellent, and I really enjoyed my trip.  Big thanks to County Extension Agents Raymond Quigg, Chase McPhaul, Josh Blanek, and Morgan Runyan for the invitation to present at these meetings.  To those of you new to the blog from these presentations, welcome! Here are some of the ag law stories in the news this week * Cantaloupe Lawsuits Settled.  You likely recall from… Read More →

New Tool Assists Farmers in Evaluating Rent Payment Options

The University of Minnesota’s Center for Farm Financial Management has developed a new tool to help agricultural landlords and tenants evaluate various rental price arrangements and select the one that best fits their operation.  Their new tool, FairRent, allows producers to evaluate a traditional cash rent contract, a crop share rental agreement, and seven alternative flex lease options. To use FairRent, a free tool, just click here and register.  For more information about FairRent, click here.    

Correction on Texas Cash Rent Report

In yesterday’s blog, I inadvertently switched the state-wide average for irrigated and non-irrigated cropland.  I have corrected the mistake on the blog, but in order to ensure clarity, the average cash rent prices in Texas are as follows: Pastureland:  $6.50/acre (unchanged from 2013). Non-irrigated cropland:  $27.00 (up from $24.00 in 2013). Irrigated cropland:  $87.00 (up from $82.00 in 2013). I apologize for any confusion.

Texas Cash Rents Report Available Online

The USDA National Agricultural Statistics Service recently published the Texas Cash Rents Report for 2014.  This report is the results of a cash rents survey conducted between February and July 2014. You can access the full report for Texas here. As you can see in the chart below, the average cash rental rates in Texas for 2014 are as follows: Pastureland:  $6.50/acre (unchanged from 2013). Non-irrigated cropland:  $27.00 (up from $24.00 in 2013). Irrigated cropland:  $87.00 (up from $82.00 in 2013). The report also breaks the cash rent… Read More →

Case Illustrates Importance of Detailed Lease Provisions in Case of Drought

The Amarillo Court of Appeals recently considered a case involving an alleged breach of a grazing lease.  Miller v. Durham illustrates the importance of lease agreements addressing what will happen in the event of drought, fire, or other natural disaster that damages the forage available for livestock under the lease.  [Read full opinion here.] Background Mr. Durham owned ranchland in Hale and Lubbock counties.  In January 2010, the Millers entered into a grazing lease agreement with Mr. Durham to lease 889 acres that was to last from January 1, 2010, to December 31,… Read More →

Average Land Rent Prices in Texas

*This article is not a substitute for the advice of an attorney.* During the leasing presentations that I’ve given in the past year, I have been frequently asked what a landowner should charge when leasing his or her land.  Even though I jokingly tell people that I can’t help them because they did not teach me that in law school, I have done some research and wanted to share some useful resources and information. First, I would recommend that any landowner seeking to determine what to charge to talk to the County Extension… Read More →

Texas Hunting Lease Checklist Available

Last week I completed a Texas Hunting Lease Checklist to provide landowners and hunters a list of some terms to consider when negotiating hunting leases. The checklist has been published by Texas A&M and is now available for free in the Agrilife Bookstore. In order to obtain a copy, click here.  This will take you to the Texas A&M Agrilife Extension Bookstore.  From there, just click “add to cart” and then “proceed to checkout.”  You will be asked to enter your contact information, but you will see that there… Read More →

Texas Grazing Lease Checklist Available

In the past year, I have given over 20 presentations on grazing leases to over 1,100 folks, mostly Texas landowners and producers.  It is clear that leasing is an important issue in Texas! In light of that, I prepared a checklist of terms for parties to consider when negotiating or drafting a grazing lease.  I am excited to announce that the publication is now officially available online…..for free! In order to obtain a copy, click here.  This will take you to the Texas A&M Agrilife Extension Bookstore.  From there, just click “add to… Read More →