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  • From: "Mark Abner" <wizard1 AT ctsbroadband.com>
  • To: "Market Farming" <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] displaced farmers
  • Date: Thu, 10 Dec 2009 14:28:58 -0500

In KY land leases can be terminated at will or at sufferance at the pleasure
of the land owner in an agricultural contract thee farmer is allowed the
finish of the harvest for the current season as they have I quantifiable
investment with a finite period to harvest but beyond that what ever they
have invested in fertilizer fenceing ect becomes the matter of a seperate
civil suit to recover the farmer/tennet must vacate the property as soon as
the harvest is complete.
conversly a 99 year least that has been in force for more than 50
years is
often considered to be permanat transfer of the property ownership as the
term of the contract is beyond the lifetime of the original land owner. I
suspect that if the land holder was a corporation I suspect that this
wouldnt stand up. But at least in this state the only way you can control a
peice of property beyond the length of the current growing season is to buy
it.
I dont know anything about the law where you are but on possibility
if your
not a citizen and so cant buy the property is to form a corporation in that
provence and have the corporation buy the property. There are ussualy legal
ways to get around such property ownership reguations you just have to find
them.

Mark



-----Original Message-----
From: market-farming-bounces AT lists.ibiblio.org
[mailto:market-farming-bounces AT lists.ibiblio.org]On Behalf Of Etienne
Goyer
Sent: Thursday, December 10, 2009 10:59 AM
To: Market Farming
Subject: Re: [Market-farming] displaced farmers


Allan Balliett wrote:
> Sorry, Robert - It has been my experience, and the experience of
> other farmers that I know, that land leases always boil down to 'the
> will of the owner.' If he's tired of having a farmer on his land, it
> don't matter what the lease says.
<...snip...>
> If you've worked around the weakness of farm leases, I'd like to hear
> how because I'm again in a lease situation and the land was recently
> subdivided (on paper, 36 acres has become 3 parcels of land), so, bad
> economy aside, the writing is on the wall, no?

I understand nobody here is an actual attorney, and only provide their
own perspectige for discussion, but I find the above a very surprising
statement. It is my understanding is that a lease is a binding
contract, and as such cannot be voided at will by the landowner (unless
there is a clause saying so in the lease). Isn't it? Why would it boil
down to the "will of the owner"? Is it simply because the owner is
usually is a better financial position to sustain the litigation process?


That question is very interesting to me, because I am considering a
long-term (30~50 years) lease for the piece of land I would like to
farm, as I cannot buy it (for legal, not financial, reasons). I am in
an entirely different juridiction than you are, and the rule of law here
is quite different than what it is in the US (the Province of Québec
legal system is based on the French Civil Code, not the British Common
Law). 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. Yep, let's do that!

Cheers, and good vibes to Doreen :)

Etienne


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