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FAQ Categories Archives: Reserved Rights

Can the landowner or other persons enter the premises when it’s leased to a farmer?

The landowner or other persons may enter the premises according to the provisions of the lease. The landowner does not have unlimited rights to enter the premises. Typically, the landlord is required to give reasonable notice to enter the premises for inspection or other purposes. If the parties agree that the landowner may enter the premises frequently and casually, this should be acknowledged in the lease. This arrangement gives the landowner a non-exclusive (shared) right to certain parts of the premises. For example, the landowner and the tenant may agree in the lease to have the landowner visit periodically to jointly inspect the premises, or the landowner may permit certain individuals to use an access road crossing the fields. See the FAQ: What rights might a landowner reserve?

Can the landowner (or other persons) use the premises that they lease to someone else?

The landowner may want to use the premises or a portion for certain purposes. If so, and if the tenant agrees, the lease should specify those purposes and who the additional users – beyond the tenant – will be. For example, the landowner may reserve the right to hold a wedding or barn dance within the leased premises. Or s/he may want to give the right to use one stall of a barn within the leasehold to a neighbor. If the landowner wants to retain the right to drive on any portion of the premises (such as to access another part of his or her property), this should be spelled out as a reserved right in the lease.