Many people or entities own farmland
that they would like to see farmed by someone else, but they may not know how
to find the right farmer or how to create an effective lease agreement.
Providing advice on these topics can be challenging because there are many possible
combinations of land owners, land and property status, and needs of the leasing
farmer.
Land
owners may be: retiring farmers, farm heirs,
non-profit organizations, for-profit businesses, land trusts, or
public/government entities. They may or may not need income in the short or
long-term, have funds to invest in the property, or want to be engaged with the
farm operation.
Farmers
looking for land may be: starting a new farm business,
moving a farm business, expanding their farm, or taking over a farm business.
They may or may not have: lots of experience, a business plan, working capital,
equipment and markets.
The
land may be: currently farmed, recently farmed,
farmed long ago, or never farmed. It may be some combination of farmland,
woodland and other lands. The soil may or may not be high quality. Land use
restrictions may be absent, or the land may be under conservation easement,
zoned agricultural by the local community, and/or in a state’s agricultural use
tax abatement program.
Infrastructure
desired by potential farmers may or may not be
present, including: access roads, barns, greenhouses,
housing, electricity, fencing, ponds or wells for water supply, etc. Farmers might propose to install additional
infrastructure during the lease term. Farmers and landowners, before moving
ahead with a lease, should discuss appropriate siting, construction details, how
to cover the cost and what will happen to the infrastructure after the lease
term. Here is a checklist for farmers seeking land; it can also be used by
landowners to assess their property:
Lease
agreements. At a minimum, all written agreements
should specify the name, address and contact information of each party; the
date the lease was executed; the duration of the lease; a clear description of
the property or facilities being leased and the purposes for which they may be
used; the amount, time and place of payment; rights to extend or renew the
lease; and how the lease may be terminated.
Additional issues to address include: liability
and other types of insurance, allowable/required/prohibited farm practices
(e.g. organic production, fertilization based on soil test results),
responsibility for maintenance of land and structures, and process and status
of any future capital investments.
For more information on the legal
framework of a lease, see Chapter III in the Legal Guide to the Business of
Farming in Vermont:
Types
of leases include: a year-to-year lease, multi-year lease,
‘rolling’ or renewable lease, lease with option to buy or a right of first
refusal, and/or transfer by sale of some or all of farmland over the short or
long-term. Shorter term agreements can
be more appealing to beginning farmers, but if they succeed they may depart for
a site with longer-term land security. Thus, landowners not willing to offer
long term agreements may have to deal with a series of beginning farmers rather
than a successful business that stays put. The long-term agreement does not
have to be the first step but it should be on the table if the owner wants the
relationship to work so a farmer can invest for the long haul without risk of
losing access to the land. Sample leases can be found here:
Landowner
goals. The first step is for the family or organization that
owns the land to come to agreement on their goals. How much annual income is hoped
for? What type of farm activities are desired, which are not? How long a relationship
is hoped for with a farmer? How much investment, if any, will be made by the
owner, for what purposes?
Farm
enterprises vary a lot. Landowners need to consider the
needs and impacts of different types of farming activities. Low impact/low cost
farm activities (like haying, grazing animals) generate little revenue per unit
of land, and have the lowest ‘disturbance’ factor for on-site owners or
neighbors. As one goes up the 'farming intensity chain' (growing Christmas
trees, blueberries, for example) there is more revenue, more investment required,
more need for land security for the farmer, and more potential for impact on
neighbors. The highest-revenue generating activities (many fruits and vegetables,
greenhouse crops, intensive animal production) require a lot of capital
investment (buildings, equipment, irrigation, fencing, storage), need long-term
land tenure and infrastructure agreements if they are to succeed over time, and
will lead to frequent human activity, equipment use, noise, odors and/or
traffic which may be disturb nearby non-farmers. Intensive farming operations
also tend to benefit from, or require, on-site housing, since ongoing attention
is needed to on-site activities. Housing in a town nearby is the next best
option but may not be ideal. On-site housing for workers may also be desirable
or necessary.
To
recruit the right farmer it is important for the farmland
owner to clearly and specifically describe what they have to offer, what they
expect in return, which terms are fixed and which are negotiable. You can see
examples of how landowners describe their farms to potential farmers on sites
like Pennsylvania FarmLink ()
and Vermont Land Link site ()
Farmers seeking to supplement their
current land to grow crops or graze animals will usually be recruited from
relatively close by (because transportation of equipment and animals is costly)
through word of mouth and/or local advertising. Recruitment of farmers to start
or relocate a business usually involves far-flung recruitment. There are many
young people with skill and experience and sometimes capital looking for
farmland. An application/review process prior to meeting prospective farmers
can save both parties a lot of time.
The
recruitment process can be informal or it may be more like
a job interview. Simply conversing over the phone or in person is a common approach
when local farmers are recruited to lease land for low-intensity activities
such as haying. A more formal process is advisable if farmers are sought for
relatively intensive enterprises and/or longer-term lease agreements. Asking
farmers to ‘apply’ in writing by answering a list of questions can help save
time by screening out farmers that are not a good fit with the landowner’s
goals, and this approach may also identify issues that require some thought
before a face to face meeting. The
application can be simple or detailed, but at a minimum it should describe the
farmer’s agricultural experience, the farm activities they want to establish,
the infrastructure they will need, the markets they intend to serve, whether or
not they have a business plan, and a list of references. A short description of the property with a
link to the application questions can be used to advertise the available land
in agricultural publications and listservs. Cooperative Extension personnel can
usually help identify these. The property listing may also be suitable for Land
Link programs. The National Farm Transition Network maintains a list of Land
Links programs across the country at:
What
the farmland is worth in rent will vary depending on the
enterprise of the farmer and the benefit to the landowner. It may be reasonable
to charge the farmer little or nothing to hay fields, especially if they lime
and fertilize, otherwise one would pay for these services. For more intensive
operations in the start-up phase, it makes sense charge a very low rent initially
and build towards a maximum that does not exceed a percentage of their net
income. Here is a guide to help determine the value of rented farmland:
Additional
resources: A Landowner’s Guide to Leasing Land for
Farming.
Farmland ConneCTions: A Guide for Connecticut Towns,
Institutions and Land Trusts Using or Leasing Farmland.
Leasing Farmland in New Jersey: A Guide to
Landowners and Farmers.
Thanks
to Debra Heleba, Cheryl Herrick and Ben Waterman of University of Vermont
Extension for their assistance with this article.
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