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,… Read More →

*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 →

On March 13, I will be presenting at a webinar along with New York City agricultural law attorney Cari Rincker (a Texas A&M alum) on farm and ranch leases.  Cari and I will discuss the basic law surrounding leases and will provide numerous practical considerations for ag law attorneys to consider when negotiating and drafting leases.  The webinar will be from 1:00 – 2:30 CST.  For more details on the webinar, click here. The webinar is co-sponsored by the American Agricultural Law Association and the National Agricultural Law Center.  It… Read More →

**This article is not a substitute for the advice of an attorney.** I wrote an article for the November issue of the Progressive Cattleman Magazine discussing the importance of having leases in writing. Although ranchers are notorious for historically making verbal agreements based upon a person’s word and handshake, it is important that lease agreements be reduced to writing to protect both parties.  The article outlines some of the most important terms and considerations to think about when drafting grazing leases and bull leases, including the length of… Read More →