A question we often receive in
Extension is, what are going lease rates?
In true Extension fashion, I often respond, ‘Well, it depends.’ While the National Ag Statistics Service does
provide both county and statewide per acre lease rates that can serve as a
starting point, it’s much more complicated than that. It’s important that both parties’ costs are
accounted for, versus simply charging what you think the neighbor is
charging.
A “good’
lease outlines both parties’ responsibilities and the timing of those responsibilities. A good lease includes information on the
property and people involved, and clearly states the rates and how they are
calculated, the length of the lease, the opportunity to renew the lease, and
when lease payments are due. Leases
should always be written, with the terms agreed upon by both parties and input
from your lawyer and/or accountant. A written
lease is especially valuable to future generations if either the landowner or
tenant dies, or otherwise becomes debilitated.
A
written lease helps clarify expectations, and ensures that both parties have
clearly communicated their expectations.
For example, by definition, one animal unit is one 1,000 lb. cow with a
calf at side that is less than 3 months of age.
However, to others, an animal unit may mean any cow/calf pair, with the
cow potentially weighing upwards of 1,300 pounds. A pasture lease can be written on a per acre
basis, per head basis, or per AUM basis, and it may be simplest to write the
lease based on a per acre basis and within the lease write how many livestock and
of what type are allowed.
The
lease should specify any services that the landowner will provide. For example, will the landowner repair
fences, maintain windbreaks, manage weeds, and maintain the water? Will the livestock owner or landowner be
responsible for checking and treating any sick livestock, paying for medicine,
providing salt or mineral, etc.? According
to Jeff Mosley, MSU Extension Range specialist, research has shown that about
30 percent of the average private land pasture lease rate is for services
provided by the landowner. Therefore, if
the landowner is not providing any services and is only collecting rent, the
pasture lease rate should probably be about 70 percent of the average private
land lease rate.
In the event
that good quality water is not available, will the tenant need to haul
water? If there is drought, fire, or
flood and forage quantity is inadequate, is there the option to modify or
terminate the lease and lease rate?
Also, does the leasee have the ability to hunt, fish, cut firewood, or
recreate on the land?
These
are just some questions to begin the process of writing a lease. Fortunately, there are some great tools
available to help with the process. www.msuextension.org/aglease is
a great website that has links to lease rates by county for cropland and
pasture, guides for grazing and beef cattle leases, and more. Within the www.msuextension.org/aglease website,
there is a link to www.AgLease101.org that
also provides samples leases and templates for writing leases.
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