Leasing farm equipment, rather than buying it, may be appropriate when the equipment is only needed for a short period of time or if the value of the equipment will be low after the intended use or if the farmer is limited by income or funds. The following terms are what should be included in the lease for lease of …
Shhhhhhh– Some Considerations for Those Pesky NDA’s
In many types of business agreements, including agricultural ones, it is important for parties to be able to safeguard information they wish to remain secret. Non-disclosure agreements (“NDAs”) can be helpful in ensuring that information stays between the parties of the agreement. Put simply, there are two types of NDAs: bilateral and unilateral. A bilateral NDA is one where both …
A Few Considerations For Stocker Cattle Contracts
A stocker cattle contract is used when a cattle producer wants to hire someone to feed out the progeny through weaning. There are several issues to consider when a cattle producer hires a stocker feeder after the progeny are weaned. Here are just a few considerations for the stocker cattle agreement: • Feed and Nutrition: This section should include pasture quality …
Farm Machinery Purchase Agreements
Buying farm machinery is a long term purchase and there are multiple ways to go about obtaining the equipment: 1. Outright Sale: An outright sale occurs when the ownership is transferred to the buyer and the seller is paid in full at one time. 2. Installment Sale: The buyer obtains immediate possession and use of machinery, but seller obtains payment …
Custom Feeding Arrangement Agreements
A custom feeding contract is between a livestock owner and a livestock feeder with market animals. The following information should be included in the contract: 1. Identification of Livestock: This includes type, weight, sex, and breed/color of the livestock. 2. Feeding and Nutrition: The contract should specifically detail the feeding regimen, including the type of feed, feeding schedule, access to …
Livestock Leases
Leasing livestock, rather than buying it, can be a better option for many farmers depending on the situation. Leases are available for different types of livestock and the agreement should include the following clauses: 1. Description of Animals: The lease should include how many of the livestock are being leased and descriptions of the animals, including any special identifying features. …
Lawline Presentation: Overview of Common Agriculture Contacts
<iframe width=”560″ height=”315″ src=”https://www.youtube.com/embed/aYx8HfACKKg” frameborder=”0″ allowfullscreen></iframe> Here is the video of the presentation that I gave to Lawline this past summer on an Overview of Common Agriculture Contracts. You can download the slides and the presentation materials that go along with this presentation and get Continuing Legal Education (“CLE”) credits (for you lawyers out there) via Lawline here. This …
Livestock Purchase Agreements
Purchasing livestock can be a complicated process, particularly when it comes to the agreement. Before signing a purchase agreement for livestock, whether commercial or seedstock, there are certain terms that should be included. For commercial livestock purchase agreements, the following terms should be part of agreement: Description of Animals: The type of animal to be purchased and description of the …
Overview of Grazing Leases
A grazing lease is an agreement in which a landowner allows a tenant to graze livestock on the landowner’s property. For parties involved in these types of agreements, it is important to specify terms of the lease, which address the landowner and the grazer’s rights and responsibilities. Any type of contract should have basic terms in the contract, including identification …
Presentation on Common Agriculture Contacts
[slideshare id=64362431&doc=overviewofcommonagriculturecontracts-7-25-16-160725160412] I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline. The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production …
Outline Giving Overview Common Agriculture Contracts
You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including: agriculture production contracts, purchase agreements (for land, livestock and farm equipment), leases (for land, livestock and farm equipment), special contracts (e.g., custom feeding arrangements, embryo transfer contracts, …
New York Agriculture Liens: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See NY Lien Law § 187[1]. Possession of the property is required for this lien. Please note that …