This grazing agreement creates a short term licence to graze a field. It can be used to graze any animal, from horses and other equines, to cows, sheep and other livestock. It should be used where the land is not used for business use. The agreement falls outside the Landlord and Tenant Act and the Agricultural Tenancies Act.
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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. It is suitable if there is a shed, shelter or barn on the land, but the building must be used for the animals only and no provision can be made for the upkeep of the building by the tenant. The landlord must maintain the land and buildings.
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 formal agricultural leases. This grazing agreement is confined to “taking a crop” of grass. The law is unspecific as to where the line should be drawn.
If there is a building or shelter on the land, you should be able to use this agreement, provided that the building will only be used for the animals, and not for other purposes.
We suggest that if you are in doubt, you should refer to our information page: Choosing between a land lease, an agricultural tenancy agreement and a licence.
If your "tenant" is a farmer or a business, then you should consider using a farm business tenancy agreement. If the land will be used for non-agricultural business use, a agricultural property lease for non-farming business use is likely to be more appropriate.
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.
The grazing license covers the following points:
- The sale
- The grant to the buyer to access the land
- 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
This document was written by a solicitor for Net Lawman. It complies with current English law.
How other customers rated this document
Average customer rating
By Simon Mountjoy 29 March 2016
Clear, concise and uncluttered by unnecessary legal jargon. I have used other agreements from you and will use more. I have also benefited from a swift and concise response to a query, so thank you and I will be back.
By Susan Melia 21 October 2015
We downloaded the document to compare it with one we already had. It was more comprehensive and clarified some points we had queries about.
By John Jenner 09 July 2015
With hindsight excellent, I found all your documents in my Junk box !
I very rarely have a problem with junk so not in the habit of looking there.
By Ranjit Dol 01 June 2015
This document does "what it says on the tin". I am now able to protect my investment. Thank you NetLawman.
By Mrs T H 23 March 2015
This is a well drafted, simple but effective precedent to use. The only significant thing I added was a joint and several liability clause covering two or more licensors/licensees.
By Victor Brown 16 March 2015
very easy to understand and edit accordingly .can't fault the document
By Wanda Hill 04 February 2015
I wanted a quickly accessed document to replace a previous one . This service was simple and quick and covered all that needed to be addressed . The explanatory notes were also most helpful , and alerted me to a couple of things I was not aware of . I also appreciate the possibility of further back - up help if required. I would certainly use this service again and recommend to others.
By Carol Sennitt 10 December 2014
I was unsure of the document that i needed, because the field that i rent out is used for housing/grazing horses.The only agreement we have had in the past is a verbal one.
I had a prompt answer from the email i sent you , advising me on the document that i should purchase. The website is easy to move around. The opportunity to ask questions is fantastic.
By Polii Demeter Xanthos 26 November 2014
I did personalise it to suit my own circumstances but it was an excellent basis to start from and I would not have been able to draw up an agreement without it.
I would recommend Net Lawman to others and felt it was really good value for money.
By John Doyle 10 April 2014
It would cover UK land law, of which it does very clearly. Your company stated the difference between contracts required in layman terms , The feature I liked the most was the ease of use and the opportunity to alter some parts of it to benefit both parties, I have benefitted from the document in peace of mind rather than just a hand shake and would recommend Net Lawman to anyone requiring a legal document with such ease of use and the way in which it explains which contract would be suitable.
By Stephen Boscoe 10 January 2014
I was concerned that the document complied with the latest legislation and provided me with the legal protection I required.I used you because I think I have used your company in the past, but I may be mistaken.I would recommend your Net Lawman because the cost is reasonable and the site is easy to use.
Net Lawman responds 19 February 2014
We hope you use us principally because our documents are better than those produced by most solicitors!
By Henry Margetson 19 December 2013
Document is very good , but needed to be amended to suit my particular circumstances , which the system allowed me to do quite easily . My amended version appears to be perfect for my purposes , but i have a tiny lingering doubt that my amendment might have negated the documents legality , but i am almost sure that this is not so . No fault with document ordered !
Overall happy with plain speaking document - very comprehensive - would recommend to others ..
By Reuben Welch 09 December 2013
I'd initially thought of writing something from scratch at some point which would be suitable for the informal set-up I already had with the 'Licensee'.
And then I thought " That might be a very expensive mistake - spend the money right now and get on with it" So I did, and I was very glad that I could alter it quickly and had it emailed out again within the hour ready for signature...and some cash ! Spiffing ! :)
By Paul Ingram 19 November 2013
Excellent agreement. Quick download , easy to adapt.
By Hugh Davison 03 May 2013
Easy to download, and paperwork was easy to complete.
By Andrew HUNT 28 April 2013
Just what I needed, we made a few small modifications to allow for the number of animals and some improvement to the fencing of the field.
By Anthony Jarlett 25 April 2013
The Grazing agreement very easy to set up. Just what we wanted.
By Colin King 09 April 2013
Good easy document to use, very pleased
By Lesley Percival 09 March 2013
By David Quail 03 April 2015
Easy to buy and download.
Quick and easy to customise.
Wanted the simplest possible agreement.
By JOHN PUGH-SMITH 09 April 2014
Useful template document and delivered speedily.
By Simon Dixon 15 September 2016
Because the agreement supplied was way too complicated for my needs.
Net Lawman responds 11 October 2016
Thank you for your feedback. I understand exactly what you are saying. We sell templates just so that a buyer can edit to his precise requirement. Our job is to protect you, using the law as it is. There is not much you can cut out of this document. Would you risk using a cut-down fire insurance policy?
By John Duncan 14 May 2016
Exactly what I wanted
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