Establishing secure connection…Loading editor…Preparing document…

Landground Lease Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

CASH FARM LEASE AGREEMENT

[This form may be used either for an entire farm, or for field rental agreements. Special care should be taken in field rental agreements to describe exactly what real estate is included.]

Section I. Date, Contracting Parties, Description of Property, and Terms of Lease

1. This lease is made this day of by and between , hereinafter called the Landlord, and , hereinafter called the Tenant.

2. Landlord's address for mailing of notices, rent payments, etc., is:

Tenant's address for mailing of notices, etc., is:

3. The Landlord, hereby leases to the Tenant, to use for agricultural purposes only, the [name of farm] farm, or the below-described portion thereof, containing acres, located in County, State of , described as follows:

with all improvements thereon except

4. This lease agreement shall become effective on the day of and shall terminate on the day of . The Tenant agrees to contact the Landlord days prior to the termination date to consider re-negotiating for the following year the amount of rent and other terms and conditions of this lease.

Section II. Land Use and Cropping Program

1. Approximately acres of the above-described leasehold are to be cultivated, with areas and/or acreage to remain uncultivated and/or not to be grazed, described as follows (if applicable):

2. Special considerations involving crop types and/or areas for specific crops, participation in/compliance with government programs, and other special considerations regarding land use and cropping are as follows:

3. Tenant shall not plow the following permanent pasture areas:

Section III. Amount of Rent and Time of Payment

1. The Tenant shall pay to the Landlord a total annual cash rent of $ for the leased farmland described in Section I hereof.

2. The annual cash rent shall be paid in equal monthly installments of $ each installment being due and payable in advance, on or before the day of the month, with a $ late penalty being assessed for each day which the rent is due and unpaid.

In the alternative, rent shall be paid as follows [strike out the above paragraph and write instructions for rent payment in the following space]:

Section IV. The Landlord Agrees to:

1. Furnish the land and the fixed improvements referred to in Section I.

2. Pay all taxes and the assessments against the real estate, all taxes on the Landlord's personal property on the farm, and premiums for the insurance carried on the farm buildings.

3. Other responsibilities of the Landlord:

Section V. The Tenant Agrees to:

[strike through unwanted provisions]

1. Follow the farming practices that are generally recommended for and that are best adapted to this type of farm and for this locality unless other practices are agreed upon.

2. Furnish all labor, power, machinery, and movable equipment and all related operation and maintenance expenses to operate the leased farmland except as follows:

3. Furnish all labor for minor repair and the minor improvement of buildings, fences, and drains with the material to be furnished by the Landlord. The buildings, fences, and other improvements on the farm are to be kept in as good repair and condition as they are at the beginning of the lease, or in as good repair and condition as they may be put in by the Landlord during the term of the lease; ordinary wear and depreciation excepted.

4. Haul to the farm, except where other arrangements are agreed to with the Landlord, any material provided by the Landlord for the minor repair or minor improvement of buildings, fences, and drains.

5. Cut the weeds in lots, fence rows, and along rows whenever necessary to prevent reseeding. Mow permanent pastures at least once each year when it is most effective to destroy weeds and other undesirable plants.

6. Keep livestock out of the fields when the soil is soft, and protect sod crops, especially new seedings, from too close grazing that might impair the following year's crop.

7. Follow FSA (Farm Services Agency) recommendations and fulfill all other requirements necessary to maintain the rights of current and future operators of this farm to participate in federal farm programs. Planted acreages of crops shall be reported as required by FSA.

8. Store and use pesticides, fertilizers, and other chemicals, and dispose of containers in accordance with state and federal regulations and recommendations. Furnish the Landlord a written, field by field, record of the amount, kinds, and dates of applications of pesticides and fertilizers.

9. Not store motor vehicles, tractors, fuel, and chemicals on the farm in violation of restrictions in the Landlord's insurance policies.

10. Apply fertilizer as follows:

11. Neither assign this lease to any person or persons nor sublet any part of the real estate for any purpose without the written consent of the Landlord.

12. Yield peaceable possession of the farm at the termination of this lease.

Section VI. Rights and Privileges

1. The Landlord or anyone designated by him shall have the right of entry at any mutually convenient time to inspect the property and/or the farming methods being used.

2. The Tenant shall have the right of entry for days after the termination of the lease for the purpose of harvesting spring seeded crops. The Landlord or his designated agent shall have the right of entry to plant fall crops following harvest of the current year's crops.

3. If this lease is terminated before the Tenant shall have obtained the benefits from any other labor or expense he may have made in operating the farm, according to contract or agreement with the Landlord during the current lease year, the Landlord shall reimburse the Tenant for such labor and expense. The Tenant shall present, in writing to the Landlord, his claim for such reimbursement at least days before the termination of this lease.

4. Transfer of ownership of this farm shall be subject to the provisions of this lease.

Section VII. Enforcement of Agreements and Arbitration

1. Failure of either the Landlord or the Tenant to comply with the agreement set forth in this lease shall make him liable for damages to the other party. Any claim by either party for such damages shall be presented, in writing to the other party, at least days before the termination of this lease.

2. The provisions of this lease shall be binding on the heirs, executors, administrators, and assigns of the party or parties involved.

3. Unless a sum exceeding $ is involved, any disagreements between the Landlord and the Tenant shall be referred to a board of three disinterested persons, one of whom shall be appointed by the Landlord, one by the Tenant, and the third by the two thus appointed. The decision of these three shall be considered binding by the parties to this lease. Any cost for such arbitration shall be shared equally between the two parties of this lease.

Section VIII. Other Agreements and Provisions

Section IX. Signatures of the Parties in Agreement

Landlord:

Dated:

Tenant:

Dated:

Enter text

What a Landground Lease Agreement Is and How It’s Used

A Landground Lease Agreement is a written contract granting a tenant (lessee) the right to use land for a specified purpose and term while the owner (lessor) retains title. Typical ground leases cover long terms, allocation of infrastructure and improvement responsibilities, assignment and sublease rights, rent formula or escalation, and maintenance obligations. These agreements often attach legal descriptions, insurance and indemnity clauses, and default and remedies provisions. Ground leases are common in commercial, industrial, and mixed-use development and require careful drafting to address future development, environmental, and financing considerations.

Why a Clear Landground Lease Agreement Matters

A well-drafted Landground Lease Agreement allocates long-term rights, reduces future dispute risk, preserves lender and tax positions, and clarifies responsibilities for improvements, utilities, and environmental remediation. Clear terms support enforceability and ease future transfers or financing.

Why a Clear Landground Lease Agreement Matters

Who Typically Prepares and Signs a Ground Lease

Common participants include property owners, developers, commercial landlords, tenants planning long-term projects, lenders, and legal or real estate advisors; each party has distinct priorities and review checkpoints.

  • Property owners and landholders reviewing long-term income, tax, and reversion rights; they prioritize title protection and mortgage subordination language.
  • Developers and commercial tenants structuring project financing, construction responsibilities, and assignment rights to support investment or leasing strategies.
  • Lenders, title companies, and legal counsel ensuring lease provisions permit collateralization, recording, and compliance with financing covenants.

Engage appropriate counsel and financial advisors early; complex ground leases typically require negotiation of indemnities, insurance, and payment escalators to align with financing and development plans.

Roles and Authority for Signing

Lessor — Owner

The lessor is the legal owner or authorized representative with authority to grant interests in land; signing authority must match the entity name on title, and corporate signers often require a board resolution or officer signature to bind the owner.

Lessee — Tenant

The lessee is the party obtaining the leasehold; if an entity, use the legal business name and authorized officer signature. If the lessee will assign or sublease, include authorization language and ensure signature authority is expressly documented.

Essential Clauses Every Landground Lease Agreement Should Include

A complete ground lease balances the landlord’s reversionary interests with the tenant’s development rights and operational responsibilities; the following clauses form the core framework.

Premises Description

Precise legal description, survey references, and exhibit maps. Clear boundaries prevent title disputes and support recording and financing.

Term and Renewal

Initial term, renewal options, and notice timing. Long commercial ground leases commonly run multiple decades with specified extension mechanics.

Rent and Escalation

Base rent, payment schedule, CPI or fixed escalators, and calculation method. Define late fees and payment application priorities.

Improvements and Maintenance

Who builds, owns, insures, and maintains improvements. Address ownership at expiration and obligations to remove or surrender improvements.

Environmental Allocations

Representations, indemnities, remediation responsibilities, and access for testing. Allocate risk for preexisting contamination and future discoveries.

Assignment and Financing

Consent rights, permitted assigns, landlord lien rights, and subordination/non-disturbance agreements for lender protections.

Step-by-Step: Completing and Executing a Ground Lease

Follow these sequential steps to prepare, review, and finalize the Landground Lease Agreement accurately.

  • 01
    Assemble documents: Gather title, survey, and lender requirement documents for review.
  • 02
    Draft core terms: Define rent, term, and improvements before detailed drafting.
  • 03
    Legal and lender review: Have counsel and lender counsel review for mortgage and NDS issues.
  • 04
    Sign, notarize, record: Execute with authorized signers, notarize if required, and record if beneficial.

How Online Execution and Routing Typically Works

Digital workflows streamline review and signature while preserving an audit trail and secure storage for long-term leases.

  • Upload document: Save final draft as PDF and upload to the signing platform.
  • Place fields: Add signature, initial, date, and conditional fields in appropriate locations.
  • Invite signers: Add signer emails and set signing order if sequential execution is required.
  • Capture audit trail: Platform records timestamps, IPs, and authentication events for evidence.

Technical Requirements and Supported Formats

Use a signing platform that supports common file types, integrates with your systems, and offers the authentication level needed for long-term leases.

  • File formats: PDF and DOCX are widely supported for final execution.
  • Integrations: Connectors include Salesforce, NetSuite, Microsoft 365, and Box.
  • Security: Look for TLS in transit and AES-256 at rest for long-term retention.

Confirm the platform produces downloadable signed PDFs, maintains auditable logs, and supports your required authentication and retention policies before executing leases electronically.

Recommended Workflow Settings for Lease Execution

Standard setup options reduce friction and ensure a legally defensible electronic record.

Field Configuration
Signature Order Sequential or parallel as negotiated
Authentication Email link with optional SMS or KBA
Reminders Automated reminders every 3–7 days
Retention Export signed PDF and retain audit trail

eSignature Vendor Comparison for Executing Ground Leases

Comparison of common vendor criteria relevant to executing and retaining signed ground leases; signNow is listed first per table convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Security and Compliance Considerations

In transit: TLS 1.2 / 1.3
At rest: AES-256 encryption
Certifications: SOC 2 Type II, ISO 27001
Regulatory: ESIGN, UETA compliance
Health data: HIPAA-compliant with BAA
Audit trail: Timestamps, IP, and action log

Common Risks and Potential Consequences of Errors

Invalid signature: May render agreement unenforceable
Wrong party name: Can void obligations or create title disputes
Improper notarization: Recording rejection or third-party challenge
Unclear rent terms: Leads to costly litigation or reformation
Missing exhibits: Ambiguity in premises or responsibilities
Failure to record: Risk to lender priority or third-party claims

Frequent Preparation Pitfalls to Avoid

  • Using informal entity names rather than legal title records leads to enforcement issues and recording delays.
  • Leaving ambiguous escalation formulas for rent or CAM charges causes disputes and inconsistent invoicing.
  • Failing to address lender subordination and non-disturbance results in financing complications at foreclosure.
  • Neglecting environmental reps and remediation plans exposes parties to substantial cleanup liabilities.

Representative Use Cases for Landground Lease Agreements

Real-world examples show how parties structure leases to resolve common commercial and development needs.

Developer Ground Lease

A developer negotiated a 75-year ground lease to build a mixed-use project, securing lender consent and NDS terms

  • Key point: lender non-disturbance was essential
  • The arrangement preserved landowner reversion rights while enabling project financing and phased construction, with explicit remediation and removal obligations at term end.

Municipal Lease

A municipality leased public land for a solar installation with strict environmental covenants

  • Key point: long-term maintenance obligations were assigned to the operator
  • The lease required performance bonds, clearly allocated liability for contamination, and included recording requirements to ensure transparency for future buyers.

Frequently Asked Questions About Ground Lease Execution

Answers to common execution, recording, and signature questions relevant to Landground Lease Agreements.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users