Community News

Legal aspects of agriculture

Did you know that it is a good practice to put a land lease in writing?  Or that you should include a statement in the lease stating that a partnership between the landlord and tenant is not created by the lease agreement?  This type of provision is normally included in a cash lease for liability purposes. Essentially you don’t want a liability event to occur and then the party that has been damaged claiming that the landlord was in partnership with the tenant allowing for the landlord to potentially be responsible for the incident.

Now, why is it a good practice to put a land lease in writing? One of the main reasons is because you want a copy of the lease to refer back to when issues arise between the landlord and the tenant or in the event someone passes away.  It also outlines when termination notice should be given, how the landlord is compensated, and other important details about the agreement.  Remember, in Indiana a verbal lease is allowed, but a written lease is recommended.

Leasing is just one part of agriculture that involves legal issues that farmers and landlords should be aware of.  Fence law is another legal topic that many may not be aware of.  Fence law provisions dictate when a fence is required, who is responsible to construct the fence, who should maintain the fence, and liability for escaped animals. 

Land leasing, fence law, liability, and other legal topics will be discussed during The Legal Side of Agriculture program.  The Legal Side of Agriculture program will be held on March 14 from 6:30-8:30 pm at Ivy Tech Community College in Greencastle. 

The Legal Side of Agriculture will feature Roger McEowen, professor of Agriculture Law and Taxation at Washburn University School of Law.  Professor McEowen conducts seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals.  He also conducts two radio programs each airing twice monthly.  In addition, his 2-minute radio program, “The Agricultural Law and Tax Report,” is heard daily by over 2 million listeners on farm radio stations from New York to California as well as SiriusXM 147. Roger can also be seen as a weekly guest on RFD-TV, where he discusses various agricultural law and tax topics.

If you would like to participate in The Legal Side of Agriculture, please register at <https://tinyurl.com/AgLaw23>.  There is a $20 per person fee to attend the program.  We do ask that you register by March 8th.  If you have any questions, concerns, or need reasonable accommodations, please contact 765-653-8411.

Visit our homepage at www.extension.purdue.edu/putnam or you can contact the local Purdue Extension Office by calling 765.653.8411 for more information regarding this week’s column topic or to RSVP for upcoming events. It is always best to call first to assure items are ready when you arrive and to RSVP for programs. While many publications are free, some do have a fee. Purdue University is an equal access/equal opportunity institution. All times listed are Eastern Time.

Upcoming Events:

Feb. 23 – Exploring 4-H Kickoff (grade 2), 6 pm, Fairgrounds

March 2 – Code Red-Emergency Preparedness – 6pm, Fairgrounds, register at 653-8411

March 6 – ServSafe Food Managers 1-Day Training & Exam, 9am-4pm, register at https://cvent.me/l8DXv2

March 7 - Shady Characters: Perennials and Shrubs for the Part-Shade and Shade Garden, 7 pm, Fairgrounds

March 11 –Ag Day Breakfast & Mini Farm Fest, 8-9 am breakfast, 9-9:30 am program, 9:30 am - 12 pm Min Farm Fest, Fairgrounds

March 14 – The Legal Side of Agriculture, 6:30-8:30 pm, Ivy Tech, $20, register at https://tinyurl.com/AgLaw23

March 18 – Garden Fair, 9 am – 3 pm, Fairgrounds

March 21 – Food Preservation Workshop, 11am-4pm, Hendricks Co. Fairgrounds, register at 317-745-2555 ext. 3

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