Note: This information is intended to provide general information about legal issues in agricultural leasing and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. State laws vary and no attempt is made to discuss laws of states other than Maryland. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.
According to USDA's National Agricultural Statistic Service (NASS), agricultural producers lease over 42 percent of all agricultural land in Maryland, or 850,512 acres in 2012 (Ag Census, 2012). Leases for agricultural real estate, equipment, and/or livestock take different forms to meet the needs of the landlord and the tenant. This guide provides an overview of various land leasing issues facing agricultural landowners and agricultural land tenants and raises issues important from both a landowner's and tenant farmer's perspective.
AGRICULTURAL LEASING IN MARYLAND
Agricultural Leasing Document (FULL TEXT - 44 pages)
TABLE OF CONTENTS
|Written versus Oral Leases|
|Types of Leases|
|Lease Renewal and Termination|
|Details Outside the Lease|
|Common Terminology Used in Property Leasing|
|Fixed Cash Lease||Flex Cash Lease|
|Crop Share Lease||Termination Letter|
|Fixed Cash Lease (Fillable File)||Flex Cash Lease (Fillable File)|
|Crop Share Lease (Fillable File)||Termination Letter (Fillable File)|
*These leases can be filled out on a computer using Adobe Acrobat Reader (for Windows users) or Preview (for Mac users), you may have to update to the most recent editions of either program. Just click on the lines you would ordinarily fill out by hand and type in the information. Print out two copies of the completed document to be signed by both the landowner and tenant. User should remember that these forms are provided to aid landowners and tenants in developing their own leases that fit their situations. Both parties should always consider seeking out legal counsel in developing such agreements
Issues When Using a Form Lease
Growing Crops at Lease Termination?
Maryland FarmLink (Greg Bowen, May 11, 2015).
Leasing Considerations and Developing a Rental Rate (Paul Goeringer, May 11, 2015) (pdf of presentation available here).
Some of the research on this page is funded by: