Many of our solicitors grew up on the land and have an appreciation of how farming works. We have acted for many farmers over the years, large and small, from rice farmers to grape growers, to dry area farmers. We’ve transferred livestock, land, and of course, water. Trusts, Wills, Caveats, and Intergenerational Transfers; they’re all part of life on the land. We can help you be aware of the complexity and how they may impact on other areas of your life and the law.
Buying or Selling Land and/or Water
How water is transferred varies not only on the type of water, but the irrigation area in which you are buying or selling. We have spent years developing our own water agreements and can help you buy, sell, lease or transfer water and Delivery Entitlements and Water Access Licenses as needed. We are there to protect your interests pursuant to the contract.
Leases and Share Farming Agreements
A lease is a type of contract and can contain a long list of clauses. Things that need to be considered include:
How long the term of the lease will be;
Whether any water entitlements are included in the lease;
Whether to include any options to purchase or renew, and if so, how many;
How much rent should be paid and in what instalments;
How the rent should be reviewed and by what measure;
Who will be responsible for any outgoings, such as Council rates;
What rights will be granted under the lease and whether they will they be conditional or absolute;
We have seen many disputes arise from share farming agreements and recommend seeking legal advice before entering into one. We can draw up a share farming agreement that meets the needs of the proposed arrangement while protecting your interests.
Not equal but fair is just the tip of the iceberg. We can advise you of what may need to be done to ensure the continuation of the farm in the hands of your children and draw up any documents that may require. Our solicitors often advise families in succession planning and prepare any documents they may need, such as Inter-generational Transfers, Trust Deeds and Mutual Wills to name just a few.
If your questions still have not been answered, just fill out the form below and we will get back to you as soon as we can. Alternatively, make an appointment and we will be happy to discuss your particular circumstances.