About this grazing agreement
Most of our competitors sell grazing agreements that are either short term common law tenancy agreements or agricultural leases that restrict the tenant to using the land for the single purpose of feeding livestock.
Using a lease to achieve the end is fine, but doing so gives the tenant certain rights at the expense of the land owner. For example, the landlord must notify the tenant of his intention to end the grazing lease well in advance and in a certain way.
This grazing agreement is different, in that it is a contract to take what grows on the land rather than a license to occupy. Because it gives the licensee no rights of occupation, the land owner concedes far fewer rights than he or she would do under a grazing lease.
This agreement can be used for livestock of any type, including sheep, horses and cows.
The law relating to this grazing agreement
The legal background to grazing agreements is, in our opinion, quite interesting and worth a short note.
Farm tenancies require the landlord to comply with the obligations set out in statute law that give and protect the rights of the tenant. The law attempts to rebalance the power between tenant and landlord, for example, restricting the landlord's access to the land, or the notice period which he can give the tenant.
Loopholes in the law have been closed over the years, to the point where any contract that allows a land owner to receive payment in return for letting someone else occupy the land is construed as a tenancy agreement, even if the written contract is dressed up to look like a licence agreement.
To make matters worse for the landlord, his faux license is likely not to contain provisions that protect his rights in the same way that a proper lease would do, for fear of looking like a lease.
This grazing agreement is neither a lease nor a license to occupy. It is known in law as a "profit à prendre", and the effect of it is to grant a right to buy a crop and to take the crop using animals to graze the land. To qualify as a profit à prendre, a single specified crop must be sold (in this case grass) and the collection of the crop must take less than a year.
When to use this grazing agreement
This agreement can be used when the land will be used:
- for 364 days or less (a 9 month contract is often used as it gives the land time to recover)
- only for grazing animals on grass
- for any type of animal, including livestock and horses
Note that this agreement does not permit other uses such as breeding or equipment storage. Both require a formal lease. This grazing agreement is confined to “taking a crop” of grass. The law is unspecific as to where the line should be drawn. We suggest that if you are in doubt, you should refer to our information page: Farm business tenancies.
If there happens to be a building on the land, a judge would assess the facts and decide whether the real arrangement was for a lease. For example, if there was an existing building which was used solely to shelter animals grazing, our opinion is that the deal would still be a licence. But if the buildings were used to store a tractor you would be safer to use an agricultural land lease.
If you want to let your land for more than a year, then you should consider using a farm business tenancy agreement, or if the land will be used for non-agricultural business use, a land lease.
Practical considerations
You should enter into the contract “with your eyes open” as to the damage to the surface of the land which can be inflicted by over use and by wet weather. If the licensee is to graze 4 pet sheep on the land, the damage is likely to be very different to that caused by a herd of cows. You can help to protect your land by granting a licence for much less than a year, allowing the field or pasture to recover.
Remember that different animals eat different plants. It might be a good idea to alternate the types of livestock allowed on the land so as to keep certain species of plants from overwhelming others.
The terms of the licence should be kept very simple and must apply only to the purpose of grazing. Responsibilities for mending gates, and undertaking any long term improvement should be left unspoken as responsibilities of the landlord.
Agreement contents
The grazing license covers the following points:
- The sale
- The grant to the buyer to access the land
- Payment
- Interest
- Use of services
- Condition and repair
- Restrictions on the licensee
- Positive obligations of the licensee
- Licensee's indemnity
- Access for Licensor
- Transfer and alienation
- Other matters
Reasons to buy from Net Lawman
Full money back guarantee – buy with confidence
This document comes with a no questions asked full money back guarantee. You take no risk that it might not be right. Once you buy it, we’ll give you 30 days to evaluate it in any way you want. If for any reason you’re not happy, just e-mail us and we’ll refund your money in full immediately.
Guidance notes included - prior legal knowledge is not required
Comprehensive guidance notes, written by the author of the document, are included. These notes ensure that you don’t need to be a lawyer or have knowledge of the law to understand which paragraphs you should edit to complete the template.
Minimal editing required
This document has been written specifically in such a way that you don’t need to spend hours editing it. It uses an approach where you remove the sections that aren’t applicable to you, so you don’t have to add any back, write your own, or worry about whether you are using correct legal language.
Paragraphs have been written to stand alone from each other. Removing one that isn’t applicable to your circumstances doesn’t affect the standing of any other in the grazing contract.
Plain language minimises future disagreements
Your grazing license is real law written in plain language that all parties will understand. This will minimise the likelihood of later disputes.
If a dispute does arise and you find yourself in court, the judge will look more favourably on a legal agreement written in plain language over one peppered with complicated legal jargon. Your case will be stronger if it is clear that both sides understood the agreement when it was signed.
Buy once – re-use again and again
You can use the document as many times as you like. Just create a new document from the master version.
Delivered straight to your inbox
As soon as you complete the secure checkout process, we will send your grazing agreement straight to your inbox. We will also keep a copy for you for 60 days in our customer area so you can access it even when you are away from your e-mail.
Still unsure whether this is the right document for you?
If you are unsure whether this grazing license is suitable for your particular circumstances, then you have two options. The first is to buy now, evaluate the template, and use the 30 day, full money back guarantee to obtain a refund if it isn’t suitable. You take no risk in seeing the contract. The second option is to contact us using the link below and ask. We can’t offer you legal advice on your situation, but we can help you find the document you want. We aim to respond to your question within 24 hours. |
