Re: OT - Liability in pasture leasing

Posted by John T Country Lawyer on April 19, 2007 at 09:10:37 from (66.244.90.5):

In Reply to: OT - Liability in pasture leasing posted by CB in central NY on April 19, 2007 at 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 BUTTTTTT 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

Replies:

• Re: OT - Liability in pasture leasing dhermesc 12:53:15 04/19/07 (0)

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