Covering legal aspects of agriculture

Monday, February 20, 2023

Did you know that it is a good practice to put a land lease in writing? Or that you should include a statement in the lease stating that a partnership between the landlord and tenant is not created by the lease agreement?

This type of provision is normally included in a cash lease for liability purposes. Essentially, you don’t want a liability event to occur and then the party that has been damaged claiming that the landlord was in partnership with the tenant, allowing for the landlord to potentially be responsible for the incident.

Now, why is it a good practice to put a land lease in writing? One of the main reasons is because you want a copy of the lease to refer back to when issues arise between the landlord and the tenant, or in the event someone passes away. It also outlines when a termination notice should be given, how the landlord is compensated and other important details about the agreement. Remember, in Indiana, a verbal lease is allowed, but a written lease is recommended.

Jenna Nees

Leasing is just one part of agriculture that involves legal issues which farmers and landlords should be aware of. Fence law is another legal topic that many may not be aware of. Fence law provisions dictate when a fence is required, who is responsible to construct the fence, who should maintain the fence and liability for escaped animals.

Land leasing, fence law, liability and other legal topics will be discussed during “The Legal Side of Agriculture” program. The program will be held on March 14 from 6:30-8:30 p.m. at Ivy Tech Community College in Greencastle.

“The Legal Side of Agriculture” will feature Roger McEowen, professor of agriculture law and taxation at Washburn University School of Law. McEowen conducts seminars annually across the United States for farmers, agricultural business professionals, lawyers and other tax professionals. He also conducts two radio programs, each airing twice monthly. In addition, his two-minute radio program, “The Agricultural Law and Tax Report,” is heard daily by over two million listeners on farm radio stations from New York to California, as well as SiriusXM 147. McEowen can also be seen as a weekly guest on RFD-TV, where he discusses various agricultural law and tax topics.

If you would like to participate in “The Legal Side of Agriculture,” please register at https://tinyurl.com/AgLaw23. There is a $20 per-person fee to attend the program. We do ask that you register by March 8. If you have any questions, concerns or need reasonable accommodations, please contact 653-8411.

Visit www.extension.purdue.edu/putnam or contact the local office at 653-8411 for more information regarding this week’s column topic or to RSVP for upcoming events. Office hours are Monday through Friday from 8 a.m.-noon and 1-4 p.m. Evening and lunch appointments are available, upon request. It is always best to call first to assure items are ready when you arrive and to RSVP for programs.

Upcoming Events

Feb. 23 – Exploring 4-H kickoff (grade 2), 6 p.m., Putnam County Fairgrounds

March 2 – “Code Red - Emergency Preparedness,” 6 p.m., Putnam County Fairgrounds, register at 653-8411

March 6 – ServSafe food managers one-day training and exam, 9 a.m.-4 p.m., register at https://cvent.me/l8DXv2

March 7 – “Shady Characters: Perennials and Shrubs for the Part-Shade and Shade Garden,” 7 p.m., Putnam County Fairgrounds

March 11 –Ag Day breakfast and Mini Farm Fest, 8-9 a.m. for breakfast, 9-9:30 a.m. for program, and 9:30 a.m.-12 p.m. for Mini Farm Fest, Putnam County Fairgrounds

March 14 – “The Legal Side of Agriculture,” 6:30-8:30 p.m., Ivy Tech, $20, register at https://tinyurl.com/AgLaw23

March 18 – Garden Fair, 9 a.m.–3 p.m., Putnam County Fairgrounds

March 21 – Food preservation workshop, 11 a.m.-4 p.m., Hendricks County Fairgrounds, register at 317-745-2555, ext. 3

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