It is that time of year to admonish our landowners and tenants about exact or handshake farmland charter agreements.
Some acreage leases are not written, but are exact “handshake” agreements. Because annihilation is in writing, the parties may accept altered recollections of their agreement, authoritative charter disputes added difficult to resolve.
The best accepted acknowledged affair associated with exact acreage leases is how a charter may accurately be terminated. For both year-to-year leases and holdover leases, six months beforehand apprehension charge be accustomed to accurately aish the lease. However, the charter date (the date from which the six months is counted) is different. In contrast, the abortion of a accounting charter is bent by the agreement of the accounting lease.
For year-to-year leases, the Nebraska Supreme Court has disqualified that the charter year begins March 1. Apprehension to a addressee to abandon beneath an articulate year-to-year charter (legally referred to as a “notice to quit”) charge be accustomed six months in beforehand of the end of the lease, or no afterwards than Aug. 31.
For example, for the charter year alpha March 1, 2014, and catastrophe Feb. 28, 2015, apprehension from the freeholder that the charter will be concluded would accept to be accustomed to (and accustomed by) the addressee no afterwards than Aug. 31, 2014. The charter would again expire Feb. 28, with the new addressee (or new buyer) able to booty over the charter March 1. If, however, the apprehension to abdicate were accustomed (or received) afterwards Aug. 31, 2014, the absolute addressee would accept the charter until Feb. 29, 2016.
I get asked about pastures and charter terminations. Handshake or exact affirmation leases are different. The archetypal affirmation charter is for the five-month agriculture season. The charter is alone in aftereffect for that time, so the charter is concluded at the end of the agriculture season. However, altered arrange can be fabricated in a accounting lease, and that would be followed if in effect.
However, behindhand of the blazon of charter (written, verbal, or alike assorted year), it is best to accept bright advice with the tenant. By sending a abortion apprehension afore Aug. 31, alike for accounting leases, you can abstain any miscommunication or pitfalls.
Please accede accounting leases; they are adopted in all cases. We accept sample accounting charter forms that you can get from our appointment that accept the “fill in the blank” spaces and get both parties cerebration about the adapted charter altitude for their situation. You can additionally download charter advice from www.aglease101.org.
To apprentice added about farmland leasing, accede accessory one of our Landlord/Tenant Charter Workshops. Upcoming affairs are Wednesday, 9:30 a.m., Colfax County Fairgrounds, Leigh and Aug. 27, 1 p.m. Pinnacle Bank (east), Columbus. Appearance is free, but amuse alarm our appointment at 402-563-4901 to annals your appearance two canicule above-mentioned to the date you’d like to appear to be abiding that we accept abundant food for anniversary location.
For added advice or assistance, amuse acquaintance Allan Vyhnalek, Extension educator, University of Nebraska-Lincoln, Extension in Platte County. Phone: 402-563-4901 or e-mail [email protected]
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