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 Texas Lease of Land for Pasturage and Grazing is a legal document that establishes an agreement between a landowner and a tenant for the use of the land for livestock grazing or pasturage purposes. This lease agreement ensures that both parties are protected by outlining specific terms and conditions they must adhere to throughout the lease period. In Texas, there are various types of lease arrangements available for pasturage and grazing purposes. These types include the following: 1. Cash Lease: This type of lease entails a fixed rental payment based on the size and quality of the pastureland, regardless of livestock numbers. The tenant pays a predetermined amount of money to the landowner for the right to graze their livestock on the property. 2. Animal Unit Month (AUM) Lease: As per this lease agreement, the tenant pays a specified amount for each animal unit month (AUM) that their livestock graze on the pastureland. An AUM represents the forage required to support one animal unit (usually equivalent to one cow and her calf, or five sheep) for a month. 3. Percentage of Production Lease: In this lease arrangement, the tenant compensates the landowner with a percentage of the livestock production. The percentage may vary based on the agreement, and it typically includes weighing the animals, documenting their reproductive performance, or evaluating the overall productivity of the pastureland. 4. Annual Lease: An annual lease agreement is typically renewed on a yearly basis. It allows the tenant to use the land for grazing and pasturage for a fixed period of time, usually 12 months. The terms and conditions are revisited and updated during each renewal. 5. Fixed-Term Lease: Unlike an annual lease, a fixed-term lease has a predetermined duration which can be more or less than a year. The tenant and landowner agree upon a specific period of time for using the land for pasturage and grazing activities. This type of lease is often preferred when specific projects or short-term grazing needs are anticipated. Regardless of the type of Texas Lease of Land for Pasturage and Grazing, the document typically outlines details such as the duration of the lease, rental payments, responsibilities for maintenance and repair of fences or structures, restrictions on land usage, and any other conditions agreed upon by the parties involved. It is essential for both the landowner and tenant to clearly understand and agree to these terms to ensure a successful and mutually beneficial lease agreement for pasturage and grazing.
