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Rights of person leasing land

  • 11-02-2009 4:55pm
    #1
    Bog Butter
    Registered Users, Registered Users 2 Posts: 757 ✭✭✭


    I was just wondering about the obligations of the person leasing out land. If I had land to lease but I was unsure about how long I wanted to lease it out for would there be any legal issues I should be aware of before signing or agreeing to a lease agreement?

    Thanking you in advance.


Comments

  • #2
    Oldtree
    Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Oldtree


    In my opinion you should:

    not lease the land for more than 11 months of the year and deal with only one year at a time.
    Have a written lease (signed by both parties and witnessed) that specifies the time involved and what you expect the lessee to do, ie clean up after himself, maintain walls, pay for water. etc.

    see here for the IFA master lease for ideas.

    http://212.17.35.157/ifa/files/page.cfm?page=MasterAgriculturalLease.htm

    Do not try to do this on the cheap as it could cost you more in the long run, get professional advice

    You should also check on the lessee's insurances. But even if these are in order it may well be worth getting your own public liability and employeers insurance, as if the injured party can prove you negligent then they will make you pay and take your land away.

    same as yesterdays insurance thread: I only have a public liability with FBD, but they give a €70 discount if you are an IFA member, (which is what it costs to be an IFA member!). give them a ring for a quote, it might be worth your while..

    http://www.fbd.ie/insurance/farm/


  • #3
    Sam Kade
    Registered Users, Registered Users 2 Posts: 12,313 ✭✭✭✭Sam Kade


    Oldtree wrote: »
    In my opinion you should:not lease the land for more than 11 months of the year and deal with only one year at a time.
    But isn't the rent tax free to the person renting out the land if they draw up a 10 year lease?


  • #4
    Oldtree
    Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Oldtree


    yes, but there are ceilings as to how much is tax free.

    But the question from malman indicated that he/she was unsure of how long he/she wished to lease out the land. I believe that an 11 month rental period would allow the land owner to protect their asset by ensuring that the person who rents the land is trustworthy and can then build up a relationship over a period of time, perhaps to a long lease. I have seen many fields ruined by lack of care by rentees.

    see here for tax stuff in IFA newsletter:

    www.ifa.ie/ifa%5Cmedia%5CNewsletterLandLeasing.pdf


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