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  • From: Allan Balliett <igg AT igg.com>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: [Market-farming] Re: borrowed land
  • Date: Wed, 31 Dec 2003 07:27:54 -0500

My question is, how can I protect
myself in this situation so that she can't change her mind half way through
the summer. She has offered all this up front and free of charge so I don't
want to offend her but want to protect myself also.

Kevin, As one who has been through 3 'gift gardens' in the past 5 years, I'm probably the last to advise you, but....

The first thing is for the two of you to 'get everything in writing.' Make sure you have both expressed your expectations of each other - - from the beginning to the end -- in a document. If either of you is uncomfortable in doing this, then, frankly, you will very shortly find out that you have unbearable differences and it is you who will have to move on.

The major reasons for putting everything in writing is 1) to make certain that you both understand what your 'understanding is.' ('You thought you were going to use my water? Oh, no, you can't use MY water...) and 2) To remind each other of what your original agreements were. Good people can have their expectations 'evolve' but can return to center when they see in writing what they agreed to in January (oh, have a clause for how the written agreement is modified, also) Most people are not 'bad,' they are just forgetful. Believe me, BOTH of you can and probably WILL be that way, so get EVERYTHING in writing.

Here's the really sad news: this season I decided that I should get a real legal lease on the land I am going to grow on. I bought a couple of books from ACRES about leasing land and I talked to the county agent. I wound up with a pretty good lease, but, believe me, I was pretty timid to give it to my friend because it makes it pretty clear that I don't trust him (although, of course, I do) I've been living with this lease, unsigned, for months now. A while back I started asking people, like the county agent, how a lease like this is enforced and how I recover equity investments and other losses or damages should the land be sold out from under me. As far as I can tell at this point, as far as the economics of farming are concerned: a lease is no better than a handshake, which, of course, is not as good as a written agreement. So, a lease CAN BE that 'letter of understanding' I recommended above, but do not think of it as readily legally enforceable, because, as far as I can tell, it is not.

One of these days I'll write a book about everything that should be in that letter and why, but I don't have the time right now.

I will tell you right up front that your efforts will make that land not only better, but to actually look better. This means that you don't have to only worry about the owner staying the course, but offers from people you've never even met because, your labor is making the land more desirable to almost everyone. Believe me: no one understands how much labor, time and materials a farmer front loads into a startup garden. So people will put you off from land and think they are square with you if they let you get your crop before you go.

But, then again, I'm 'leasing' this season after THREE really bad experiences.


-Allan






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