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  • From: Road's End Farm <organic87 AT frontiernet.net>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] displaced farmers
  • Date: Thu, 10 Dec 2009 11:55:04 -0500


On Dec 10, 2009, at 10:58 AM, Etienne Goyer wrote:

In any case, I am expecting the lease I am looking forward to
sign to be notarized, so I am reasonably certain that it will, indeed,
be binding.

That kinda remind that I should actually consult a notary ahead of the
negociation to clear up the question.

I would consult a lawyer first; preferably one with experience in this particular area.

Here, at least, all a notary does is officially witness the signatures; they have nothing to do with the language of what's actually being signed.

(It's my understanding, as a landowner who is leasing some land on 5-year terms, that the lease is binding on me as well as the leaser; I think that if I sold the place the purchaser would have to wait out the term of the lease before cancelling; but I am not a lawyer, either. I have certainly seen contracts between farmers and companies contracting to purchase farm products that amount to "we'll buy this from you if we decide that we need it, but not otherwise"; but that language was definitely in the contract, though not in those words. -- In general, if it's going to seriously mess you up if it goes wrong, consult a lawyer -- again, one with experience in that area -- before signing anything. The lawyer may also be able to change wording to make it more binding -- presuming, of course, that the other party is willing to sign the changed wording.)

-- Rivka; Finger Lakes NY, Zone 5 mostly
Fresh-market organic produce, small scale



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