Unlike an agistment contract pursuant to which the owner of livestock entrusts another party with the owner's livestock to graze and pasture on the agister's land, a permit to graze or a lease to pasture livestock does not involve a bailment of the livestock to an agister, but involves the owner of grazing land and pasturage permitting the owner of livestock to use the land for grazing and pasturage purposes. This usually takes the form of a grazing permit or pasturage lease, which should conform to the law concerning grants of easements or leases generally.
The New York Lease of Land for Pasturage and Grazing of Cattle is a legal agreement between a landowner (the lessor) and an individual, organization, or business (the lessee) for the use of land specifically for the purpose of pasturage and grazing of cattle. This lease allows the lessee to utilize the land for feeding and raising livestock, primarily cattle, for a specified period of time in exchange for rental payments. This type of lease is commonly used in rural areas of New York, where land is available for agricultural purposes, and where grazing and pasturing cattle are prevalent. It provides a mutually beneficial arrangement for landowners who may have excess land and lessees who require land for raising and feeding their cattle. The New York Lease of Land for Pasturage and Grazing of Cattle typically contains several essential provisions to outline the terms and conditions of the agreement. These provisions may include: 1. Description of the Land: The lease must accurately describe the parcel of land being leased, including its boundaries, acreage, and any specific areas designated for pasturage and grazing. 2. Lease Term: The lease specifies the duration of the agreement, which can range from a few months to multiple years. It may also include provisions for renewal or termination of the lease. 3. Rent and Payment Schedule: This section outlines the amount of rent payable by the lessee, the frequency of payments (monthly, annually, etc.), and the preferred method of payment. 4. Property Maintenance: The lease may stipulate the responsibilities of both the lessor and the lessee regarding the maintenance and upkeep of the land, fences, and any structures on the property. 5. Grazing Rights and Management: The lease should define the number of cattle allowed, the maximum stocking rate, and any restrictions on grazing methods or rotation. It may include provisions for weed control, pasture improvement, and water availability. 6. Liability and Insurance: The lease may specify the parties' responsibilities concerning liability for injuries, damage to property, and the need for liability insurance to protect both the lessor and lessee. 7. Access and Entry: This provision outlines the lessee's right to access the land and any restrictions imposed by the lessor. It may also specify any limitations on public access to the leased property. Types of New York Lease of Land for Pasturage and Grazing of Cattle: 1. Short-Term Grazing Lease: This type of lease typically ranges from a few months to a year and is suitable for lessees who require land for a limited grazing period, such as seasonal grazing or rotational grazing. 2. Long-Term Pasturage Lease: This lease covers an extended period, often spanning multiple years, and is ideal for lessees who require a more permanent arrangement for raising and feeding their cattle. 3. Organic Grazing Lease: This type of lease is designed for lessees who adhere to organic farming and grazing practices. It may include specific provisions addressing the use of pesticides, herbicides, and synthetic fertilizers. In conclusion, the New York Lease of Land for Pasturage and Grazing of Cattle provides a formal agreement between a landowner and a lessee, enabling the use of the land exclusively for cattle grazing and pasturage purposes. This lease protects the rights and responsibilities of both parties involved and helps establish a clear understanding of the terms and conditions governing the use of the land for agricultural activities.
