Putting pivot on leased land?

Dave from MN · Aug 3, 2013

Any advice on this? Have a large field, owner is getting up on years, but really like me farming his land, and has no issue signing a 10 year contract so I can get wateron the field. Is a lighter soiled, some what rolling, but not an issue to have a pivot. Soil would be very capable of high yeilds if it gets the water. If land owner pass"s, I beleive the land is in a trust. Any advice on what to have in the lease. This wo8uld be an extention of the 5 year lease I have now. Also, is 10 years long enough to justify? Pivot would be mine to remove at end of lease , or landowners at that time would have option to buy, well, of course would become landowners. Sure I am not the first to go through this.

Janicholson · Aug 3, 2013

Clearly define the personal property and their ID numbers on the lease agreement or addendum. State clearly they are not installed attached elements of the land owners property. If you modify the system, keep it as modifications to the lease as well. If the long term lease is to be terminated by mutual agreement make sure the irrigation equipment is identified as yours to be removed in X time from the property.
If the lease is broken for some reason with no mutual agreement (a variety of things can happen affecting only one of the parties) make sure that there is recognition of the ownership and removal rights of the equipment, and compensation for or ownership of the crop, or the land preparation, or fertilizer applied, or time frame investment.
I have not stated these in legal terms as I am far from a lawyer. But I have seen examples of lost property and investment from broken leases, and these ideas fit that example in loss. Go for it. Jim

Jerry/MT · Aug 3, 2013

Get an attorney and have a signed agreement dilineating ownership of the improvements ( pivot, fertilzer, crop, etc) you are making on your own dime. It will protect both parties.

wisbaker · Aug 3, 2013

Place I'm working at is trying to get the neighbors to take a center pivot on our dime, we use 'em to get rid of waste water from egg processing, new owners want to process more eggs, so we got to get rid of more water all the land we have is getting sprayed at capacity

hrRoss · Aug 4, 2013

solve the problem and buy the land, then you can do what you want. put the pivot money into buying the land

Putting pivot on leased land?

Dave from MN

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Janicholson

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Jerry/MT

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wisbaker

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hrRoss

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