The People

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Identifying key people involved

Identifying the key people and establishing mutual understanding and appropriate expectations at the outset helps establish healthy relationships, which can lead to a more fulfilling and successful lease arrangement.

Vision, values, and communication

Cultivating a healthy relationship with the landowner is a key step for a successful lease arrangement. This Section will guide you in exploring what matters most to you in that relationship, including an inquiry into vision, values, and communication qualities.

From here, we'll divide into two tracks:

Choose which of the following scenarios most reflects your situation.(Required)

“I don’t yet have a specific property in mind.”

“I’ve identified the land I am wanting to lease.”

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Not yet identified specific property to lease

Vision

As you do not yet have a property in mind, you will need to use your creativity to imagine an "ideal" landowner. This process can help you discern what matters most to you in a relationship with the landowner, including goals, values, and communication qualities. By taking the time now to consider these aspects, you'll be in a better position to determine whether or not to act on an opportunity to lease land when it arises. And, you'll be in a better position to establish parameters and conditions for the relationship.

To begin, take a moment to reflect upon and answer the following questions about your and the "ideal landowner's" goals and vision for the lease arrangement and the land.

What is my ultimate vision for the land?

What would be the "ideal" landowner's vision?

What are my fundamental goals for the lease arrangement?

What would be the "ideal" landowner's goals?

How much does it matter to me the landowner and I share similar goals and vision?

Absolutely essential

Very Important

Important

Somewhat important

Not important

Needs and values

According to the Non-violent Communication (NVC) approach, doing a “needs” inventory at the outset can help you and the landowner cultivate mutual understanding and healthy communication throughout the lease relationship. A needs inventory consists of reflecting upon and naming your underlying needs or values.

What are your ultimate needs here for entering a long-term lease? Another way of asking this is: What are the values underlying your goals for leasing land?

Take a look at the Center for Non Violent Communication's “Needs Inventory List" below. What stands out as most relevant to you when entering an agricultural lease arrangement?

Needs inventory

The following is a partial list of “needs” that the Center for Nonviolent Communication has provided to deepen self-discovery and facilitate greater understanding and connection between people. Another way of thinking about needs is asking: What do I value most in this scenario or relationship? Refer to this list as you reflect on your underlying needs or values for your agricultural lease arrangement.

What are my needs or values underlying my vision for the land?

What would be an "ideal" landowner’s needs or values underlying their vision for the land?

What are my needs or values underlying my goals for the lease arrangement?

What would be an "ideal" landowner’s needs or values underlying their goals for the lease arrangement?

How much does it matter to me if the landowner and I share similar values or needs?

Absolutely essential

Very Important

Important

Somewhat important

Not important

Communication

Communication is the heart of a healthy relationship. As you lay the groundwork for your relationship with the landowner, it can be helpful to reflect on the communication qualities or characteristics that you appreciate along with those you most fear in another.

What communication qualities do I most desire the landowner to have? How would I ideally want the landowner to communicate with me?

You might desire open-mindedness, a willingness to listen, honesty, a desire to understand, empathy, or directness.

What communication qualities or characteristics do I most fear in a landowner?

You might fear closed-mindedness, a harsh communication style, a power-over attitude, argumentative or maybe passive types.

How much does it matter to me if the landowner has the communication qualities I desire most?

Absolutely essential

Very Important

Important

Somewhat important

Not important

Decision-making authority

Hostile or undesirable power dynamics can cause tension and conflict throughout the lease arrangement. Under what circumstances do you want to have complete decision-making power or control? When is it okay for the landlowner to weigh in or decide entirely?

Imagine the following scenarios. Next to each check how strongly you feel that you retain complete decision-making authority.

How important is it that I have complete authority to make decisions about the operation’s business plan?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide which products to cultivate or raise?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide the timeframe for planting?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide which improvements to make, including structures and where to locate them?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide who to sublease the land to?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide who purchases the land if and when the landowner decides to sell?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

Are there any other issues where you want to retain decision-making authority that weren’t on our list? If so, add them here:

Other people with legal rights or interests

You might think of your agricultural lease as granting you the exclusive right to use the property you are leasing, or that you–and only you–can now use that land in any way you want, as long as the landowner agrees. But, often, there are a lot of other people or institutions that will have access and/or power over the property you’ve leased.

Review the ‘Circle of Ownership’ below and note what other people or institutions could take a portion of the ownership rights of the land you are leasing.

Sharing use or access

Imagine your ideal situation in relation to all these people who might have a stake in the land you rent one day. For the following people, take note of when they would, ideally, be allowed to share, use, or access the land.

For example, it could be “only if I am given 24 hours notice” or "only if their access is limited to a specific designated area or time."

Shared use. The landowner may share, use, or access the land only if /when ... (ideally)

Shared use. The landowner’s spouse, children or other successors to the land may share, use, or access the land only if /when ... (ideally)

Shared use. Other farmer tenants may share, use, or access the land only if /when ... (ideally)

Shared use. People with hunting or recreational leases may share, use, or access the land only if /when ... (ideally)

Shared use.People with an easement (e.g., for a driveway) may share, use, or access the land only if /when ... (ideally)

Shared use. Neighbors and community members may share, use, or access the land only if /when ... (ideally)

Additional scenarios to consider involving other people

Here are some additional scenarios that are helpful to consider at the outset. For each, jot down what would be ideal for you in the space provided. You might begin with the statement: "Ideally the lease would allow me to…" and then fill in the blank.

Sublease. What happens if I need help, or want to expand my operation? Will I be able to sublease part of the land to another farmer? Ideally, the lease would allow me to ...

Lease transfer. What happens if I can’t afford the rent, or some other life event comes up? Will I be able to transfer the lease? Ideally, the lease would allow me to ...

New owners. What happens if the land is sold? Would I want a right of first refusal (i.e., an option to buy the land first)? Ideally, the lease would allow me to ...

Heirs. What happens if the landowner dies? Does the new owner/heir honor or understand how my farm or ranch operates? Ideally, the lease would allow me to ...

What are your biggest fears and worries when you imagine someone else accessing the land? Gates being left open, or crops being damaged? What else? Write these concerns down so that you can speak with the landowner about them.

Preparing for a conversation with the landowner

A highly effective way to get clarity around the issues we've highlighted here is to have an honest conversation with the landowner upfront. While such honest conversations can be hard, they can be the pathway to deeper understanding and connection. It can be helpful to prepare questions to ask the landowner in advance.

Here’s space for you to write questions you have for the landowner, and brainstorm some ideas to address any issues you’ve pinpointed.

Vision and goals: How could I better understand the landowner’s underlying goals for the lease and ultimate vision for the land? What questions could I ask upfront?

Needs and values: How could I ask the landowner to take steps to help meet my needs? Is there a way I could articulate my needs in a way they would be welcomed and understood?

Communication: How could I proactively address any "red flag" communication qualities or characteristics that I identified? What questions could I ask / parameters could I establish at the outset?

Power balance: What autonomy do I need to ask for? How could I articulate my requests in a way that would be welcomed and understood?

Other people: How can I raise the concerns I identified about other people using or accessing the land? What questions could I ask / parameters could I set at the outset?

Additional questions I have for the landowner about "people":

Notes for negotiation regarding "people":

Already identified specific property

Vision

You've already identified a property to lease and likely at least know who the landowner is. For the following exercises, step in the shoes of your landowner. Based on what you know about them, what do you assume their goals and ultimate vision for the land are?

This process can help you discern what matters most to you in a relationship with the landowner, including goals, values, and communication styles. By taking the time now to consider these aspects, you'll be in a better position to establish parameters and conditions for the relationship.

To begin, take a moment to reflect upon and answer the following questions about your and the the landowner's goals and vision for the lease arrangement and the land.

What is my ultimate vision for the land?

What do I assume is the landowner's ultimate vision for the land?

What are my fundamental goals for the lease arrangement?

What do I assume are the landowner's fundamental goals?

How similar are my vision and goals to the assumed vision and goals of the landowner?

Extremely similar

Very similar

Aligned

Some dissimilarities

Not similar at all

How much does it matter to me if the landowner and I share similar vision and goals?

Absolutely essential

Very Important

Important

Somewhat important

Not important

Needs and values

What are your ultimate needs here for entering a long-term lease? Another way of asking this is: What are the values underlying your goals for leasing land?

Take a look at the Center for Non Violent Communication's “Needs Inventory List" below. What stands out as most relevant to you when entering an agricultural lease arrangement?

What are my needs or values underlying my vision for the land?

What do I assume are the landowner’s needs or values underlying their vision for the land?

What are my needs or values underlying my goals for the lease arrangement?

What do I assume are the landowner’s needs or values underlying their vision for the lease arrangement?

Communication

What communication qualities do I most desire the landowner to have? How would I ideally want the landowner to communicate with me?

You might desire open-mindedness, a willingness to listen, honesty, a desire to understand, empathy, or directness.

What communication qualities or characteristics do I most fear in a landowner?

You might fear closed-mindedness, a harsh communication style, a power-over attitude, argumentative or maybe passive types.

How much does it matter to me if the landowner has the communication qualities I desire most?

Absolutely essential

Very Important

Important

Somewhat important

Not important

In my interactions with the landowner so far, has the landowner displayed the communication qualities that are important to me?

Yes, with consistency

Only sometimes

Only slightly

I'm not sure yet

They’ve displayed undesirable communication qualities.

Power balance and decision-making authority

Imagine the following scenarios. Next to each check how strongly you feel that you retain complete decision-making authority.

How important is it that I have complete authority to make decisions about the operation’s business plan?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide which products to cultivate or raise?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide the timeframe for planting?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide which improvements to make, including structures and where to locate them?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide who to sublease the land to?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

How important is it that I have complete authority to decide who purchases the land if and when the landowner decides to sell?

Absolutely essential

Very Important

Can share authority equally

Somewhat important

Not important

Are there any other issues where you want to retain decision-making authority that weren’t on our list? If so, add them here:

Other people with legal rights or interests in the land

Review the ‘Circle of Ownership’ below and note what other people or institutions could take a portion of the ownership rights of the land you are leasing.

Sharing use or access with other people

The following is a list of people who could potentially have access to the land during the lease term. Based on the information you have, check which applies to the land you're interested in leasing

Shared use. The landowner

Will have access rights, and I'm okay with it