Agricultural Leases and Land Use Agreements

Agricultural leases and land use agreements are a distinct category of real estate law that most attorneys don’t handle with real depth. The economics of farming, the seasonal nature of agricultural operations, the way land productivity varies, the relationship between landlord and tenant that has to survive difficult years alongside good ones, these realities shape what an agricultural lease needs to say and what it doesn’t.

Georgia’s agricultural landscape includes row crop operations, livestock, timber, hunting leases, and mixed-use rural properties, each with its own lease structure, its own risk allocation, and its own set of questions about maintenance, improvements, liability, and what happens at the end of the lease term. A row crop lease is fundamentally different from a hunting lease, and both are different from an arrangement involving timber rights or mineral interests.

For landowners, a well-drafted agricultural lease protects the land, establishes clear obligations for the tenant, allocates liability appropriately, defines what improvements the tenant can make and who owns them at the end of the lease, and creates a clear path for renewal or termination. For tenant farmers and operators, a clear lease means knowing what they can count on, the term they have to make capital decisions, the rights they have over the land, and the protections they have if the landlord’s circumstances change.

Key provisions that are commonly inadequate in agricultural leases: the definition of what land is covered and what the permitted use is; who is responsible for drainage, fencing, and infrastructure maintenance; what happens to perennial crops, irrigation systems, or buildings the tenant installs; how the lease interacts with government farm program payments and compliance obligations; and what notice and cure rights apply when either party isn’t performing.

Victoria drafts and reviews agricultural leases and land use agreements for Georgia landowners and farm operators, with attention to the provisions that matter for a working agricultural relationship, not just the ones that appear in general lease templates.