Land Access For Agriculture

CM
Crowe MacKay LLP

Contributor

Since our first office opened in 1969, Crowe MacKay has striven to provide a range of financial services to a diverse array of businesses. Our business has grown to eight offices in Northern and Western Canada not only because we deliver consistently exceptional service, but because we attract employees at all levels who are passionate about their work. We are committed to making smart decisions that create lasting value.
Whether starting a new agricultural venture or expanding an existing farm, understanding how you access land can impact your operation's profitability and sustainability.
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Cash Rentals, Crop Shares, and Joint Ventures

Choose the Correct Method For Your Farming Business

Whether starting a new agricultural venture or expanding an existing farm, understanding how you access land can impact your operation's profitability and sustainability. This article explores three methods of land access in agriculture: cash rentals, crop shares, and joint ventures.

In this article, the Agriculture industry experts at Crowe MacKay have broken down each method's details, differences, and implications. This guide will give you a better understanding of what method best suits you and your business.

Accessing Land through Cash Rental Agreements

What are Cash Rental Agreements?

A cash rental agreement is a fixed arrangement in which a farmer pays a landowner a set amount for land use. This model appeals to landowners looking for a steady income without engaging in farming activities and farmers requiring control over the land for planning and operational efficiency.

Distinctions of Cash Rental Agreements

Fixed Payment Structure

This structure guarantees landowners a predetermined rental income independent of the farm's production outcomes.

Reduced Risk for Landowner

Since payment doesn't depend on crop yield or price, landowners avoid the agricultural market's volatility.

Greater Control for the Farmer

Farmers manage the land as they see fit, making all the decisions about cropping and management practices.

Simplicity in Planning and Budgeting

Both parties benefit from the predictability of cash flow, simplifying their financial planning and budgeting processes.

Long-term Stability

Many cash rental agreements are negotiated with terms extending several years, providing farmers the stability to make long-term cultivation and business development plans.

Implications of Cash Rental Agreements

Access to Land Without Ownership

Farmers can access additional land without purchasing, expanding their operations with a lower upfront investment.

Risk Allocation

While farmers take on the production risk, landowners are protected from the uncertainties of agricultural markets.

Limited Sharing in High Yield Benefits

The farmer retains all benefits from high-yield years, providing a strong incentive for efficient and productive land management.

Market Vulnerabilities for Farmers

Farmers can enjoy the benefits of high yields but face any financial losses due to market price fluctuations or poor harvests.

Potential Impact on Land Stewardship

The emphasis on production may lead to varying approaches to land stewardship, depending on the farmer's management practices.

Impact on Rental Rates

The success of cash rental agreements can lead to adjustments in rental rates. High demand for agricultural land or increased profitability of farm operations can increase rental prices.

Planning for the Growing Season

With cash rental agreements, negotiating a fair rental price and having transparent land maintenance and improvement terms are essential. Contact one of our agricultural experts today to ensure the agreement highlights all aspects that make sense to your business.

Accessing Land through Crop Shares

What are Crop Shares?

Crop shares are agreements where landowners and farmers divide the crop yield or revenue and crop input costs from the land proportionally. This option suits those willing to share the risks and rewards of a farming operation.

Distinctions of Crop Shares

Shared Risk and Reward

Both parties share in the success or failure of the crop, meaning profitability is based on the farm's performance.

Variable Income

Income fluctuates with yield and market prices, demanding more financial flexibility from both parties.

Collaboration on Farming Decisions

Landowners have a say in the farming operations, meaning a partnership approach to the business is needed.

Investment in Land Quality

There's a shared interest in maintaining or improving land quality, potentially leading to better long-term agricultural outcomes.

Need for Detailed Agreements

Detailed agreements outlining each party's responsibilities, share percentages, and other aspects are essential to ensure clear expectations.

Implications of Crop Shares

Enhanced Cooperation and Communication

Success in crop sharing depends on strong partnerships and open lines of communication regarding all farming decisions.

Higher Potential for Disputes

Operational decisions can lead to disputes, emphasizing the importance of clear agreements and conflict resolution strategies.

Motivation for Investment in Land Improvement

The shared benefit from increased productivity can motivate investment in land quality and sustainability.

Fluctuating Revenues

Both parties must be prepared for variable income levels, which can complicate financial planning.

Complex Financial and Operational Planning

Understand that the variability in income and collaborative decision-making requires financial planning and management.

Planning for the Growing Season

Clear communication, agreeing on inputs, labour contributions, and how to divide the crop or revenue, are needed for a successful crop share agreement. Contact our agricultural experts to ensure a fair agreement is made.

Accessing Land through Crop Shares with Inputs (Joint Ventures)

What is a Joint Venture?

A joint venture in agriculture is a partnership where both parties invest resources like land, capital, labour, and knowledge to share the operational costs and profits. This method is well-suited for landowners and farmers looking to collaborate and invest deeply in the farm's success.

Distinctions of Joint Ventures

Qualification as Active Farming

Joint ventures are recognized as active farming for both parties involved, which is beneficial for matters concerning qualified farming corporations and qualified farm property. Unlike cash rental and crop share agreements, which are typically not considered active farming by both parties, joint ventures support the status of a farming operation in a way that may positively affect its qualifications and advantages under various agricultural and tax regulations.

Shared Investment and Costs

Both parties contribute to farming costs, overall crop management and decision making, aligning their interests more closely than other arrangements.

Profit Sharing Based on Contribution and Agreement

Profits are divided based on the initial agreement, reflecting each party's contributions to the venture.

Greater Alignment of Interests

The joint investment needs a strong collaboration and mutual interest in the farm's success.

Operational Flexibility and Innovative Collaboration

Partners can bring diverse skills and innovations, driving the business' growth and adaptability.

Long-Term Relationships

Through improved farming practices, joint ventures can foster long-term partnerships and increase land value.

Implications of Joint Ventures

Enhanced Financial Risk Management

By sharing costs, parties can manage financial risk more effectively, supporting more investments in other areas of the farm, such as technology or sustainable practices.

Need for Clear Agreements

Detailed agreements are important in outlining each party's contributions, roles, and profit share, ensuring fairness and clarity.

Potential for Enhanced Productivity and Efficiency

Collaborative operational strategies and shared investment in resources can lead to higher productivity and operational efficiency.

Increased Dependence on Partnership

The business' success heavily depends on the partnership and shared decision-making, emphasizing the importance of choosing the right partner.

Long-Term Investment in Land Sustainability

Joint ventures often focus on sustainable practices that ensure long-term productivity and land health.

Planning for the Growing Season

Creating detailed agreements covering inputs, labour, management roles, and conflict resolution strategies is essential in forming a successful joint venture. Our agricultural experts know the ins and outs of these agreements, allowing maximum protection for both parties.

Finalizing Land Use Agreements

Finalizing any land use agreement requires careful consideration and preparation. Seek professional advice from agricultural financial experts to ensure all agreements are in order.

Documentation of all terms and agreements provides clarity and security for both parties. Timeline considerations are also essential, ensuring agreements are in place well before the growing season begins.

Conclusion

Accessing land through cash rentals, crop shares, or joint ventures presents opportunities and challenges for farmers, agricultural entrepreneurs, and landowners. Each model requires different levels of investment, risk-sharing, and collaboration.

Effective planning and finalizing of land use agreements will ensure the success and sustainability of agricultural ventures. By understanding these different models, stakeholders in the agriculture sector can make informed decisions that best suit their operation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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