What should I look for, legally speaking, when considering farmland for lease?

Having a firm grasp on zoning, easements, boundary lines and other issues that crop up on the land is all part of the "due diligence" process that is a critical step when purchasing farmland. It is no less critical when leasing farmland. Here's what you need to know.

Finding the right piece of land to lease can be such a challenging feat in itself when you are starting out farming. When you find what feels like the perfect plot of land, it’s normal to want to rush right into signing the lease immediately and getting started. But, this is not the end of the process. It is critical that new farmers spend time really digging into what’s happening on the land and finding out whether there are any obstacles between you and your farm dream first. This process is doing your “due diligence.” You may be familiar with this, especially in the context of buying property. Buyers usually have a 30-day window to investigate the property to determine whether there are any issues with it that are a deal-breaker. This due diligence process is no less critical when you are leasing, especially if you are looking at a long-term lease.

To learn more about the due diligence process and all of the issues that are important to research when looking at land to lease, watch our webinar Practicalities and Realities in Farmland Law Session 1 of 2. This webinar was originally created as part of a two-part series for agricultural service providers, but it is also just as helpful for farmers themselves. Part 1 of this series explores farmland selection, farming financing and farmland leasing in three hours. The farmland selection section is in the first hour (starting at around 9min.). Start there to hear from Kathy Ruff from Land for Good and Rachel Armstrong from Farm Commons, as they dig into the details of due diligence including zoning, boundary lines, soil testing, water rights/access and more.

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