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Tractor Talk Discussion Forum

OT - Liability in pasture leasing

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CB in central N

04-19-2007 08:59:26




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Greetings.

This is probably best directed to those in NY state (since that"s where I am), but any advice would be appreciated.

I am thinking about leasing some pastureland I own (a part of my farm) until my beef herd gets large enought to effectively graze all of it. I think the interest is out there but I want to make sure that I am covered in terms of liability. I would like to write some type of liability clause into a contract between myself and the guy who puts cattle on my land, but I don"t know what should be convered. I don"t want to make it too complicated and yet I want to make sure that I am covered.

Have any of you dealt with this issue and if so, how have you resolved it?

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JMS/MN

04-19-2007 19:53:33




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 Re: OT - Liability in pasture leasing in reply to CB in central NY, 04-19-2007 08:59:26  
If you are currently running some beef cows, and his would run with yours, you run the risk of extra disease problems. So does he.



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John T Country Lawyer

04-19-2007 09:10:37




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 Re: OT - Liability in pasture leasing in reply to CB in central NY, 04-19-2007 08:59:26  
CB, Funny you should ask, I just drafted a Farm Lease for a client and am just leaving to deliver it. To protect him, the Lessor land owner, I inserted language to the effect the Lessee was responsible and liable for fence maintenance and was futher liable for and agreed to hold the lessor harmless against any damage to persons or property occasioned by livestock on the leased premises or if they should wander off it. The lease could have been drafted otherwise, i.e. Lessor was responsible to maintain the fence and liable for damages BUTTTTT since I was hired by and represented the best interest of my client the Lessor, I drafted it as I did. There was also language the lessor was to carry liability insurance, of course, naming ther Lessor and Lessee as insured.

In general a farmer is liable if he is negligent in containment of his livestock and they escape and cause injury.

Check with local counsel is my best free advice

John T, Country Lawyer in Indiana

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dhermesc

04-19-2007 12:53:15




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 Re: OT - Liability in pasture leasing in reply to John T Country Lawyer, 04-19-2007 09:10:37  
But one must also remember that is an agreement between the lessee and the lessor. The most expensive lawsuits come from third parties that are not part of the agreement.

If someone is injured by the lessee's cow that broke through the fence owned by the lessor, the lessor is only held harmless to the extent that the lessee can pay assuming both are sued and lose. If the third party sues for a million dollars and the lessee only has $300,000 in coverage (or what ever is specified in the contract if he bothers to get the coverage) the lessor starts digging into his pocket.

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