Good Practice Guidelines for Agricultural Leasing Arrangements













Table of Contents


FAO LAND TENURE STUDIES
2

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2001

The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

ISBN 92-5-104667-0

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© FAO 2001


Table of Contents


FOREWORD

ACKNOWLEDGEMENTS

PART 1: INTRODUCTION AND GENERAL PRINCIPLES

1. Introduction

Background and context
Aims of the Guidelines
Layout of the Guidelines

2. The Nature and Context of Leasing Arrangements

Introduction
A range of leasing arrangements
Contractual license arrangements
Labour tenancy
Sharecropping and other such arrangements
Fixed rent tenancies
Reverse agreements

3. The Principal Issues for Landowners and Tenants

Introduction
Balancing the needs of landowners and tenants
Tenancy term length
Tenants and family succession
Renewal

PART 2: GOOD PRACTICE IN TENANCY ARRANGEMENTS

4. The Elements of a Tenancy Agreement

Introduction
Names of the parties
The commencement date and duration of the agreement
Description of the property
A record of the agreement
Use rights and responsibilities
The right to termination
The principal covenants in the agreement
Covenants relating to the upkeep of the land
Covenant to return the land in a similar condition at the end of the lease
Arrangements for undertaking improvements or changes of use
Financial responsibility for shared resources
Rent or other consideration
Arrangements for compensation
Dispute resolution

5. Good Practice with Respect to Licenses and Sharecropping Agreements

Introduction
Names of the parties
Agreement to share the land
Commencement, duration and termination of the agreement
Share of inputs
Share of outputs
Dispute avoidance and resolution

6. Recommendations for implementing good practice tenancy arrangements

Introduction
The preparation of a model lease, or lease terms
An undertaking to refer to a model agreement when lease terms are in dispute
Improvements in transparency
Access to appropriate information

PART 3: GOOD PRACTICE IN CONTEXTUAL ISSUES

7. Contextual Factors

Introduction
Land tenure policies
Fiscal and financial policies
Land use policies
Legal framework

NOTES

BIBLIOGRAPHY

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