Land Wanted

People are desperately looking for land to rent for sheep, cattle and horses, this is called agistment.

Do you have spare land, have you considered the potential income opportunity under your feet? With an increasing demand for land to house sheep, cattle, and horses, agistment could be your answer to capitalising on this trend.

Advertise your land here, if you have seen this then potential renters can too.

Unlock the financial potential of your land by agisting livestock on it and list your availability here at The Farmers Lot. If your land is rental-ready and you're actively seeking a tenant, you may be eligible to claim certain expenses (including mortgage interest) as tax deductions. But remember, it's important to stay in good standing with the tax authorities - always confirm your eligibility for tax deductions with your accountant or financial adviser.

The going rates for agistment can vary significantly. Some landowners charge per animal, others per acre. If you're providing additional services like feed or shelter, you can command a higher rate.

Before starting, make sure you have a comprehensive agistment agreement in place. This agreement should specify who is responsible for maintenance tasks (like fencing and weed control), protocols for dealing with sick or injured animals, and the permitted access times for the livestock owner. It's also worth including a clause stating that the livestock owner is responsible for the upkeep of their stock.

It's crucial to remember that when you're renting out your land for livestock, you need to have a current Property Identification Code (PIC) and ensure that all livestock are properly recorded on it.

As a starting point, we asked ChatGPT, a language model developed by OpenAI, to provide a basic agistment agreement. However, please note that while ChatGPT is generally accurate, it can make errors and may not provide complete advice, additionally this example was requested for South Australia and laws vary from state to state. The Farmers Lot does not claim that this example agreement is complete or fit for purpose. It's intended to serve as a starting point for thinking about what you might need in an agistment agreement, not as a definitive document. For a comprehensive and legally sound agreement, consult with a professional, such as a local real estate agent

AGISTMENT AGREEMENT

THIS AGREEMENT is made on [Date]

BETWEEN:

1. [LAND-OWNER] of [Address], South Australia ("the Landowner")
2. [LIVESTOCK-OWNER] of [Address], South Australia ("the Livestock Owner")

WHEREAS, the Landowner is the owner of certain land located at [Description of the Land including address or location and size], South Australia ("the Land").

AND WHEREAS, the Livestock Owner wishes to use the Land for the purpose of grazing livestock.

THE PARTIES AGREE AS FOLLOWS:

1. TERM: This Agreement will commence on [Start Date] and will continue until [End Date] unless terminated earlier in accordance with this Agreement.
2. AGISTMENT: The Landowner agrees to provide agistment for the Livestock Owner's livestock on the Land and shall provide and keep current the Property Identification Code (PIC) for the duration of this Agreement.
3. RESPONSIBILITIES OF THE LIVESTOCK OWNER: The Livestock Owner will:

   a. Inspect the livestock a minimum of every 48 hours.

   b. Be responsible for all care, maintenance, and welfare of the livestock including but not limited to feeding, watering, and veterinary care.

   c. Register and maintain up-to-date records of the livestock in the National Livestock Identification System (NLIS).

   d. Be responsible for the control and eradication of all declared pest plants and animals in relation to the livestock on the Land.

   e. Maintain all fences and gates on the Land that are used for the containment of the livestock.

   f. Not enter or remain on the Land outside the hours of 6am to 9pm unless with written agreement from the Landowner or in the event of a notified animal welfare or security issue.

4. RESPONSIBILITIES OF THE LANDOWNER: The Landowner will:

   a. Provide the Livestock Owner with access to the Land for the purpose of caring for the livestock within the agreed hours.

   b. Not interfere with the Livestock Owner's livestock without prior written consent.

5. DEFAULT AND RETENTION OF STOCK: Under the Impounding of Livestock Act 1994 (the Act), the Landowner may claim a lien over the livestock if agistment fees are at least 14 days overdue. This lien entitles the Landowner to retain possession of the livestock until fees are paid. If the default continues, the Landowner may serve a Default Notice on the Livestock Owner. If payment is not made within 28 days of the notice being served, the Landowner is entitled to exchange, dispose of, or destroy the livestock【11†source】.
6. ABANDONMENT OF LIVESTOCK: The Livestock Owner is responsible for the control and welfare of their livestock at all times. Abandonment of livestock will not absolve the Livestock Owner of responsibility for any damage caused by the livestock. If the Livestock Owner abandons the livestock, the Landowner reserves the right to take any necessary actions to ensure the welfare of the livestock and the safety of the property and other animals. Any costs incurred as a result of such actions will be the responsibility of the Livestock Owner【29†source】.
7. INDEMNIFICATION: The Livestock Owner agrees to indemnify and hold the Landowner harmless from and against any and all liability, however caused, to stock or person whilst on the Land.
8. PAYMENT: The Livestock Owner will pay the Landowner[Payment Amount] on [Payment Terms].
9. INSURANCE: The Livestock Owner will maintain adequate insurance coverage for the livestock and for any liability arising from their presence on the Land.
10. TERMINATION: Either party may terminate this Agreement by giving [Notice Period] notice in writing to the other party.
11. DISPUTE RESOLUTION: In the event of a dispute, the parties agree to seek resolution through mediation before initiating legal proceedings.
12. GOVERNING LAW: This Agreement will be governed by and interpreted in accordance with the laws of South Australia.

Signed:

LAND-OWNER NAME LIVESTOCK-OWNER NAME