Disclaimer:

The information in this Guide is intended for use as educational material to assist landowners, farmers, and their advisors in understanding various laws, regulations, and lease provisions. The Guide is not intended, and should not be used, as a substitute or replacement for individual legal advice. Landowners and farm operators should consult a lawyer and other relevant professionals prior to entering a lease agreement. Reasonable efforts have been made to ensure the accuracy of the information contained in this Guide; however, the content and interpretation of laws and regulations are subject to change. The effect of future legislative, administrative, and judicial  developments cannot be predicted. For these reasons, the utilization of these materials by any person represents an agreement to hold harmless the author, the Agricultural Law Center, Drake University and the Law School, the Leopold Center, and Iowa State University for any liability, claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this Guide.

This resource is taken from Chapter Two of the Landowner’s Guide.  It is provided here to give landowners and others quick access to information that relates to their personal needs and concerns.

The links generally give a brief introduction to the topic and its relevance in a farm lease situation, and then provide links to additional resources with more general information.  The “Soil Conservation” link provides access to a series of questions to help determine how you can encourage your tenant to conserve on-farm resources.  You can always return to this screen through the “Landowners Toolbox” at the top of the page.

Questions to ask yourself

These questions and answers are meant as examples of some issues you might consider.  Your particular situation could require other considerations.  You can download and print this resource as a worksheet for future reference and to use in discussions with your advisors and tenant.

What are your long-term plans for the property?
What are the characteristics of the property?
Do you currently have land enrolled in the Conservation Reserve Program?
Do you have room for flexibility regarding rental income?
Do you have the time, experience, or desire to participate in the management aspects of the farm operation, and if so, what aspects of the operation are you interested in?
Do you have specialized equipment the farm operator can use?
Can you provide secure land tenure, or a long-term lease?
Are you interested in assisting a new farmer?
Are you willing to allow public recreation on the site?
Are you willing to allow on-farm marketing?
Are you interested in leasing to a smaller diversified operation?
Do you want to transition to organic production?
What particular concerns do you have regarding the sustainability of your farmland? (Again, the answers here are by no means an exhaustive list.)
Are there any restrictions on the use of the property?
  • Existing leases?
  • Easements?
  • Zoning restrictions?
  • _______________________________
  • _______________________________
  • _______________________________
Is an agricultural lease the right choice for you?
  • This will largely depend on the answers to several of the questions above.  For instance, if you are not dependent on income from leasing the property, place a high value on wildlife or other conservation concerns, wish to retain rights for private recreation, and the land is not well-situated for agricultural production you might find a conservation easement more appealing.
  • Conservation easement?
  • Custom farming?

After examining your own priorities it is time to talk to the tenant.  Remember, setting priorities to discuss with the tenant rather than deciding on a rigid plan is more likely to result in a win/win situation and a longer, more sustainable tenancy.