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Ireland Master Lease of Agricultural Land

This document is intended for informational purposes and to illustrate the diversity of written agreements only. Agreement Sample Project assumes no liability for the content of this document or for any action or inaction taken as a result of it. It should not be used or relied upon for any purpose, does not represent a recommendation or endorsement and is not a substitute for professional legal advice. No professional relationship is implied or otherwise established by reading this document. You should always seek the advice of your legal professional before taking any action or inaction.


Source: http://www.aib.ie/servlet/BlobServer/203/677/Mater%20Lease.pdf

 

[Please carefully review the notice at the end]

 

Master Lease of Agricultural Land

Dated the                   day of                              200

 

Between

 

_______________________________

Owner

 

and

 

_______________________________

Farmer

 

 

This Lease made the                     day of                               200

 

 

 

Between

______________________________

of ______________________________

(hereinafter called “the Owner” which  expression shall where  the  context  so admits  or allows include his successors in title)  of the one part

 

And

______________________________

of ______________________________

(hereinafter called “the Farmer”  which  expression shall where  the  context  so admits  or allows include his successors in title  and permitted assigns) of the other  part

 

Witnesseth as follows:

1.   The Owner hereby demises to the Farmer All That the agricultural lands described in the First Part of the First Schedule hereto  (hereinafter called “the Farm”)  Excepting and Reserving to the Owner

 

(i)   All   mines  minerals   stones  flints   sand  gravel   clay  marl   and   underground substances of  every description  including petroleum natural    gas and other hydrocarbons  with  liberty  to  search for  work  and remove  the  same and to  sink necessary boreholes pits and shafts paying to the Farmer reasonable compensation for  all damage done to crops surface and buildings  and making  an abatement of rent in respect of surface land of which the Farmer may be deprived.

 

(ii)   The rights  of way (if any) across the Farm for  the Owner or his nominees as more particularly set out  on the map annexed hereto  and thereon  coloured  and to the extent  described more particularly in the First Schedule hereto.

 

(iii)  The right  for the Owner and all persons authorised  by him to enter on the Farm at all reasonable times during  daylight hours for the purpose of viewing  the use and condition thereof and for all other  reasonable purposes.

 

To Hold the Farm unto  the Farmer for the term of years set out in the First Part of the Second Schedule hereto Yielding And Paying to the Owner during  the said term and so in proportion for  any less period  than  a year the  rent  payable as to  amount  and manner as also set out in the first part of Second Schedule hereto  together with  such additional yearly  rents (if  any) as may become  payable  under  the  provisions  of  sub clause (E) of Clause 3 hereof.

 

2.   The Farmer  hereby  covenants  with the Owner:

(1)    To pay the reserved rent and the said additional rents (if any) and any subsequent adjustments  thereof in  accordance with  the  Rent Review provisions  set out  in Part     of the Second Part of the Second Schedule hereto upon the days and in the manner set out therein  without deduction or set off.


(2)    To pay all existing  and future rates taxes outgoings and impositions  (other  than Land Commission annuity)  whatsoever which shall be imposed upon or become payable in respect of the Farm during  the term  hereof  together with  any Value Added Tax which may become payable in respect of this Lease.

 

(3)    To keep in good  and substantial  repair  order  and condition using the   best and most suitable  materials  any buildings  upon  the Farm and all fixtures  and fitting spouting  and fall pipes fences walls pumps gates posts stiles bridges culverts wells ponds banks watercourses ditches drains waterworks dams and roads thereon.

 

(4)    To maintain the hedges in stock proof  condition.

(5)    To scour and cleanse as necessary all wells ponds watercourses ditches and drains. (6)  To paint  or treat  with  effective  preservatives as and when  necessary and in the

fifth year of the term of this Lease (and in each subsequent fifth year if the term shall so extend) all the inside and outside wood and iron work of any buildings  on the Farm and all gates posts and fences which hitherto have been usually painted or treated.

 

(7)    To yield up the Farm and all buildings  thereon  in clean and good and substantial repair order and condition at the expiration or sooner determination of the term hereof.

 

(8)    To reimburse the Owner on demand all amounts paid by the Owner in respect of premiums  for  insurance in accordance with  the  Owner’s  obligations under  sub clause (a) of Clause 3 hereof.

 

(9)    To manage cultivate  and use the farm at all times in accordance with  the rules of good husbandry until  the expiration or sooner determination of the term hereof and immediately prior  to such expiration or determination to offer  for  sale at a fair price to the Owner (or to the incoming  Farmer if known)  all unconsumed hay straw and fodder  crops not required  by the Farmer for use in connection  with  any other  lands farmed  or to be farmed  by him such offer  to be accepted or rejected by the Owner (or the incoming  Farmer) within seven days of such offer.

 

(10)  To preserve all growing timber  and other  trees from injury and not to hang gates on or drive nail or hook into  or otherwise  injure  any such trees or timber.

 

(11)  Not to commit or suffer any willful or voluntary waste spoil or destruction on the Farm or do or suffer  to  be done  thereon  anything which  may be or become a nuisance or annoyance  to  the  Owner  or occupiers of  adjoining land  and in all manner   in  the  management  and  use  of  the  Farm  to  have  regard   to  the environment and accepted and prevailing standards of  care aimed  at avoiding pollution in all its forms.

 

(12)   Not to do or suffer to be done on the Farm any act or thing  which may make void or voidable any policy of insurance effected  by the Owner under the provisions of sub clause (a) of Clause 3 hereof  or which shall or may increase the risk of fire to any of the buildings  and fences for  the time  being  on the Farm but  to take full and proper  precautions  to protect  the buildings  and fences from  risk of damage by fire  and in  particular not  to  install  petrol  oil  gas or  electric  engines  in  any building without the previous consent of the Owner and his insurers and to take all reasonable precautions  for the storage of petrol  paraffin oil or similar fuel or


lubricants  and  to  keep  same in  proper  containers  and  wherever  possible in  a detached building and to observe and perform every requirement of any Statute or rule or order or Bye Law of a competent authority with  regard to the storage of such substances.

 

(13)  So far  as possible to  stop  all  encroachments  on  the  Farm and  immediately to inform the  Owner   thereof  and  to  use  his  best  endeavours  to  prevent   the acquisition  of any rights  of way public  or private  or easements over the Farm or any part thereof and to use his best endeavours to prevent any easement or right belonging to or used with  the Farm hereby demised from being obstructed  or lost.

 

(14)  (a)  Not under any  circumstances to assign any  part of the Farm or to sub let or part with  or share the possession of the Farm or any part thereof or to enter into  any conacre or agistment  agreement  in relation to the Farm or any part thereof.

 

(b)  Not to assign the whole of the Farm without first obtaining the Owner’s prior written consent which consent shall not be unreasonably withheld where the proposed assignee is a responsible and suitable person.

 

(c)  Where the Owner having created this Lease has availed of the Scheme for Early Retirement  from  Farming (EC Regulation  2079/92 as may be amended  from time to time) the proposed Assignee is also a person who has the appropriate qualifications and/or farming experience as required  by the Scheme and also fulfils  the other  relevant  conditions  laid down  by the said Scheme and shall obtain  all necessary written consents and comply with  all requirements of the Department of Agriculture Food and Rural Development before assigning the Lease and shall furnish  such consents if so requested to the Owner.

 

(d)  In the event of an Owner having created this Lease for the purpose of availing of the Scheme for  Early Retirement  from  Farming (EC Regulation  2079/92 as amended)  (“the Regulations”) the  Farmer and the  Owner  hereby  covenant that each of them qualifies for the Farm Retirement  Scheme and that neither party shall do anything or act which would  render them ineligible or render them liable to lose their  eligibility under the Farm Retirement  Scheme.

 

(15)  Not by himself or by the use of a Partnership or Company or any other way directly or indirectly to apply for  any change in the land use zoning  of the Farm in the Development Plan made by the appropriate Planning  Authority pursuant  to the Local Government  (Planning  and Development) Acts 1963 to  1992 or any other Statute  amending  or  extending the  same and  not  by himself  or  otherwise  as aforesaid  to apply for  or support  any application to the Planning  Authority for permission to use the Farm for anything other  than normal  agricultural purposes.

 

(16)  On the expiration or sooner determination of the term hereof to co operate with and  facilitate the  Owner  in  having  any telephone telex  facsimile  computer  or other  equipment as shall have been installed in the farm buildings  removed from the Farm or transferred to the Owner or his nominees (as the Owner shall elect) and to  this extent  the  Farmer shall sign such forms  waivers and agreements  as shall be necessary for this purpose.

 

(17)  Not (save in accordance with  the legal mandatory direction given by a person or both  authorised  by Statute to give such a direction) to carry out any or all of the works set out in the Third Schedule hereto without the prior consent in writing of the Owner who shall have absolute discretion  to give or withhold such consent.


(18)  Not  (save in accordance with  a legal mandatory direction given by a person or body authorised  by Statute to give such a direction) to carry out any or all of the works set out in the Fourth Schedule hereto  without first applying  in writing for and obtaining the  prior  written consent of  the  Owner  such consent not  to  be unreasonably  withheld and if any question  or dispute shall arise as to whether a condition attached to a consent or the refusal or the failure  of the Owner to grant a consent is reasonable  either  party  shall be entitled to  refer  such question  or dispute to the Arbitrator (as hereinafter defined)  whose decision (with  or without conditions)  shall be final  and binding on the parties and if in such arbitration it shall be decided by the Arbitrator that any such condition refusal or failure  on the part of the Owner is unreasonable the Farmer shall be at liberty  to carry out such works as if the Owner’s consent had been given without such condition attached thereto.

 

(19)  To carry out on the Farm in an efficient and workmanlike manner all works which pursuant  to any decree or order of a Court of competent jurisdiction or any laws Statute Statutory  Instrument directive regulation (including a directive regulation or  order  of  any  Local  Authority  Municipal or  Statutory   Authority or  of  the European  Union)  the  Farmer as occupier  is obliged  or required  to  carry out  or which the Owner were he in occupation would be required  to carry out and to indemnify the Owner  in respect of any claims costs damages demands expenses fines or penalties  for  which  the Owner  may become liable  to any third  party  in consequence or anything done allowed  to be done or omitted to be done by the Farmer on the Farm whether in breach or contravention of any decrees or  order as aforesaid or of any laws Statute Statutory  Instrument directive or regulation as aforesaid or of any of the covenants or conditions  of this Lease.

 

Provided  always  and it is hereby  agreed  and declared that in the event of the rent hereby  reserved or any part  thereof or any sum which  shall become due under  this Lease being  in  arrears for  twenty  one  days after  becoming  due  (whether formally demanded or not) or if there be any breach of non performance or non-observance by the Farmer of any of the terms covenants conditions  and provisions herein contained  or if the Farmer shall become bankrupt or make any arrangement or composition with  his creditors  or shall suffer  execution  to be levied on the Farm or if the Farmer (being  a body corporate)  shall enter into  liquidation whether compulsory or voluntary (save for the purpose of amalgamation or reconstruction of a solvent Company) or if a Receiver shall be appointed over the Farm the Owner shall be entitled to re-enter upon the Farm or any part thereof in the name of the whole as the Owner shall choose whereupon the term hereof  shall determine but without prejudice  to any claim which the Owner may have at law against the Farmer in respect of any breach by the Farmer of the covenants or  conditions   herein  contained   and  the  Owner  Doth   hereby   covenant with   the Farmer that  the Farmer paying  the rent  and performing and observing  the covenants on the Farmer’s part  herein  contained  may peaceably hold  the Farm during  the term hereof without any disturbance by the Owner or any person lawfully claiming under or in trust for the Owner.

 

3.   And it is hereby  agreed  between the owner and farmer as follows:-

 

(a)    The Owner will  insure all building on the Farm against loss or damage by fire and other  usual risks (if any) as the Owner  deems fit in the full  reinstatement value thereof together with  professional  fees (in the case of damage by fire)  and the Owner will  expend all moneys received on foot  of such insurance in carrying out all works and repairs or replacements  to  the buildings  necessary to  make good


such loss or damage but he shall not be liable to make good any loss or damage due  to  any  willful acts of  the  Farmer  or  any  member  of  his  household  or employees.

 

(b)     In the  event  of  the  whole  farm  being  assigned with  the  Owners prior  written consent  pursuant  to  Covenant  2(14)(b) herein  the  farmer  shall furnish  to  the Owner  a certified copy of  the  relevant  document  evidencing  such assignment within fourteen days of the assignment having come into  effect.

 

(c)    The farmer  may carry out  all or any of  the  works  set out  in the  Fifth  Schedule hereto  without the consent of the Owner.

 

(d)     In  the  event  of  a dispute  between   the  parties  as to  whether work  done  or intended to be done by the Farmer fall within the Third, Fourth or Fifth Schedules hereto  then  the  matter  in  dispute  shall be referred  for  determination to  the Arbitrator (as hereinafter defined)  whose decision as to which is the appropriate Schedule shall be final  and binding on the parties.

 

(e)    (i)   In the event of the Farmer applying  for consent under Covenant 2(18) herein to the carrying out of any of the works set out in the Fourth Schedule hereto the  Owner  shall have twenty-eight days from  the  date  of  receipt  of  such application to decide whether to give consent (subject to conditions  or otherwise)  or to withhold consent or to elect to carry out the works at his own expense. The Owner shall notify the Farmer of his decision on the application not later than the day following the said period  of twenty-eight days and if this decision shall be to carry out the works at his own expense he shall at the same time  notify the  Farmer of  the  additional yearly  rent  which  shall be payable by the Farmer by reference to such works.

 

(ii)   On receipt of such notification the Farmer may within fourteen days refer the determination of the amount  of such increase of rent  to arbitration by the Arbitrator (as hereinafter defined)  whose decision shall be final  and binding and he shall at the same time notify the Owner in writing that the matter  has been  so referred  and  if the  Farmer shall not  have so notified the  Owner within the said period  of fourteen days, he shall be deemed to have agreed to  pay the  additional yearly  rent  so notified. If  the  farmer  shall not  have referred   the  matter  to  arbitration within the  period  of  fourteen days as aforesaid the Owner shall commence the said works as soon as may be after the  expiration of  the  said period  of  fourteen days.  If the  matter  shall be referred  to arbitration then unless the Farmer shall under sub clause (e) (v) of this Clause have withdrawn his application for  consent the Owner  shall commence the works as soon as may be after  the period of fourteen days set out in the said sub clause (e) (v) and shall in any case complete the said works with  all due expedition.

 

(iii)  If the determination of the amount  of the additional yearly rent is referred  to arbitration then  the  rent  to  be determined by the  Arbitrator shall be such amount  as shall represent the increase in the annual letting value of the Farm attributable to the works to be carried out.

 

(iv)  Subject to sub clause (e) (v) of this Clause the additional yearly rent so agreed or determined by the Arbitrator as the case may be shall be payable upon the first gale day following the completion of the said works and upon each gale


day thereafter until  the  expiration of  the  then  current  five  year period  as defined   in  the  Second Schedule hereto  and  the  first  such payment  shall include by way of addition a sum computed to be a due apportionment of the additional yearly rent to cover the period between  the completion of the said works and the first gale day thereafter.  The amount  of any additional yearly rent so agreed or determined as aforesaid shall be liable to adjustment at the times and in the manner set forth in the second schedule hereto in relation to the yearly rent set out therein.

 

(v)  The Farmer may within fourteen days of receipt by him of notification of the determination by the said Arbitrator serve a notice in writing on the Owner withdrawing his application for consent under Covenant 2(18) herein in which event the Owner shall not carry out the said works provided always  that the farmer  shall be liable  for  all reasonable costs and expenses incurred  by the Owner in relation to the withdrawn application.

 

(vi)  If the Owner  elects to carry out  the works at his own  expense he shall have full right  and liberty  to enter upon the Farm at all reasonable times with  such workmen and  machinery  as may be necessary to  carry out  the  said works making  good any damage thereby  caused but having no liability for  any temporary inconvenience  or damage thereby  occasioned.

 

(f)      The Owner shall be obliged  to pay to the Farmer compensation  in respect of any of  the works specified in the Fourth Schedule hereto which the Farmer shall have carried out (otherwise  than in breach of Covenant 2(18)) and which have resulted in an increase in the letting value of the farm as at the date of termination of the Lease.      If  the  amount   of   the  compensation   has  not   been  determined  by agreement  between  the Owner  and the Farmer at least six months  prior  to the expiration or  sooner  determination of  the  term  hereof  either  party  shall  be entitled to  refer  the matter  to  the Arbitrator whose decision shall be final  and binding on the parties.

 

(g)    (i)   The   Arbitrator   for    all   purposes   of   these   presents   shall   be   such suitably qualified and experienced person as shall on the written application of either party be nominated by the President (or by the Vice President if the President is unavailable  or unwilling or unable  to act) for  the time  being  of the Incorporated Law Society of Ireland such nomination to be made with  due expedition.

 

(ii)   The Arbitrator in relation to any matter  or matters to be determined by him arising out of these presents shall:

 

(a)   give  notice  of  his nomination to  the  Owner  and  the  Farmer without delay.

 

(b)   be entitled to  enter  upon  the  Farm for  the  purpose  of  inspecting  the same and as often  as he may reasonably require  in connection  with  his consideration of  such matter  or matters  provided always  that  in the event of the term  hereof  having  expired  prior  to the determination by the Arbitrator he shall give reasonable notice in writing to the Owner of his intention to enter and inspect.

 

(c)   afford to the Owner and the Farmer a reasonable opportunity of stating


(whether in writing or otherwise  as may be decided by him and within such time as he may stipulate  in that  behalf)  reasons in support  of such contention as each may wish to make relative  to the matter  or matters under consideration.

 

(d)   act as an expert and not as an arbitrator and his determination shall be final   and  conclusive  between   the  Owner   and  the  Farmer  save for manifest  error.

 

(e)   serve notice  in  writing of  his determination on  the  Owner  and  the

Farmer within two  months of his nomination.

 

 

(f)     be entitled to be paid his fees in accordance with  (if applicable) the scale laid  down  by  the  professional  body  of  which  he  is member  and  be entitled to reimbursement in respect of reasonable expense necessarily incurred  in  making  his  determination which  said  fees  and  expenses (unless otherwise  directed  by the Arbitrator) shall be shared equally between   the  Owner  and  the  Farmer  and  shall  be  paid  prior  to  the issuance of  the  Arbitrators determination if  the  Arbitrator shall  so require.

 

(iii)  If the Arbitrator in relation to any matter  for determination by him shall fail to conclude such determination and give notice thereof within two months of his nomination as aforesaid or if he shall relinquish  his nomination or die or if it shall become apparent  that  for  any reasons he shall be unable  or shall have become unfit or unsuited  (whether because of bias undue delay or otherwise)  to complete the duties of his nomination a substitute  may be nominated in his place in the same manner as the original nomination.

 

(iv)  In any determination in relation to the matters specified in Clause 3(f) hereof the  compensation  as so determined by the  Arbitrator shall be paid  on the termination of the term hereof  or if the Arbitrator’s determination shall not be forthcoming at such termination the  compensation  shall be paid  within twenty  eight  days of the service of notice in writing by the Arbitrator of his determination.

 

(v)  Should the compensation or any part thereof not be paid by the Owner to the Farmer under the provision  of the preceding  sub clause then interest  on any unpaid amount  shall be paid by the Owner to the Farmer from the date it fell due to the date of actual payment  at the rate of 4% per annum   above the highest current AIB Bank “A” lending  rate on unsecured overdrafts  to private individuals.

 

(h)     If the tenancy hereby created should continue  beyond the term specified herein It shall  in  the  absence of  a  new  Lease be  deemed  to  be  a  monthly  tenancy commencing  on the  day following the  expiration of  the  term  specified  herein subject to the payment  of a monthly rent  equivalent to one twelfth of the rent payable  immediately prior  to  such expiration and  such monthly rent  shall be payable  in  advance the  first  payment  thereof to  be made  on  the  date  of  the commencement  of such monthly tenancy which tenancy shall be determinable by one calendar month’s notice in writing by either  party expiring  on any gale day.


(i)      Any  notice  or  any document  required  to  be given  or  served on  either  of  the parties hereto under any of the provisions of this Lease and any document  in any proceedings relating to this demise may be served on such party be sending it by prepaid  registered  post addressed to him at his address as set out in this Lease or to  such other  address as he  may  designate  from  time  to  time  and  any  such document  or notice shall be deemed to have reached the person to whom  it was addressed in the usual course of post unless there shall be a postal slowdown or stoppage in which event the sender shall effect  service by leaving such document at such address.

 

(j)      Time  shall  be  of  the  essence as respects the  period  of  time  and  time  limits prescribed in sub clauses (b) (e) and (f) of this Clause.

 

(k)     In this Lease every word  importing the masculine gender shall be construed as if it also imported the feminine gender and vice versa and every word importing the singular shall be construed as if it also imported the plural  and vice versa.

 

It is hereby   certified by the  Farmer being  the  person  becoming  entitled under  this instrument to the entire  beneficial  interest  in the Farm hereby demised that  he is an Irish Citizen and as such is a qualified person within the meaning  of Section 45 of the Land Act,

1965.

 

 

*And it is further hereby  certified for the purposes of the stamping of this instrument, that  this is an instrument to which the provisions of Section 112 of the Finance Act, 1990 do not  apply for  the reason that  the property hereby leased comprises agricultural land with  existing farm buildings  thereon.

 

*It is hereby  certified that  Section 53 (Lease combined  with  Building  Agreement for dwellinghouse/apartment) of the Stamp Duty Consolidations  Act 1999 does not  apply to this instrument.

 

*It is hereby  certified that  the consideration (other  than  rent)  for  the Lease is wholly attributable to property which is not residential  property and the transaction  effected  by this instrument does not form  part of a larger transaction  or of a series of transactions in respect  of  which   the  amount   or  value,  or  the  equitable  amount   or  value,  of  the consideration (other  than  rent)  which  is attributable to property which  is not  residential property exceeds £5,000 (€6,348.69), £10,000 (€12,697.38), £15,000 (€19,046.07, £25,000 (€31,743.45), £50,000 (€63,486.90), £60,000 (€76,184.28).

 

*It is hereby  certified that  the consideration (other  than  rent)  for  the Lease is wholly attributable to property which is not residential  property.

 

*Delete  as appropriate.


First Schedule

[First Part]

(Description  of the Farm)

All that  and those

 

 

[Second Part]

(Description  of Permanent Pasture for the Purposes of the Third Schedule)

 

[Attach  Map, if R.O.W. reserved to owner]                                             9


Second Schedule

[First Part]

(Term and Rent)

 

Term hereby granted                      :                                years

 

Commencement date of term        : the                         day of                             20

 

Annual rent hereby reserved       :                              which said rent shall in default of   Agreement  between   the   Owner   and  the Farmer be adjusted at the expiration of each five year period  (as defined  in the second part of this schedule) of   this  Lease in  accordance with  the provisions of Part         of the said Second Part of this Second Schedule.

 

Rent to be paid                                : [Quarterly] [Half Yearly] in advance on the gale days specified hereunder.

 

Gale days                                        : the                              day of                                  , and the                        day of

,and                  ,

 

in each and every year of the term hereof  the first such payment  to be made on

the                               day of                        20

 

10


[Second Part]

 

The words “five year period” in the context of this Lease shall mean the period of five years commencing on the date of commencement  of the term of this Lease specified in the first part of this schedule and on the date or dates of commencement of the next and each successive period  of  five  years during  the  term  of  this Lease where  the  term  thereof so extends and admits.

 

*Part A:

At the end of each five year period and in default of agreement  between  the parties as to the annual rent to be paid by the Farmer to the Owner for the immediately following five year period either  party shall be entitled by notice in writing to the other  party to require the rent for the said five year period to be referred for determination to the Arbitrator who shall in determining the rent for the said five year period determine the annual rent which in his opinion will  be the full  open market  yearly rent for the Farm let as a whole  without fine or premium  on the basis of a letting with  vacant possession thereof by a willing lessor to a willing lessee for  a term  equal to that  granted  by this Lease and subject to the same terms  and  conditions  in  all  other  respects as are contained  in  this  Lease (including the provision  for  five  yearly rent  reviews) and upon  the  supposition  (if  not  a fact)  that  the Farmer has complied with  all the obligations as to repair and preservation  herein imposed there being disregarded:-

 

(a)   the fact that  the Farmer had been in occupation  of the Farm.

 

(b)   Any  works  carried  out  or  any buildings  erected  by and  at  the  expense of  the Farmer on the farm otherwise  than in pursuance of an obligation on foot  of this Lease.

 

*Part B:

At the end of each five year period the annual rent for the immediately following five year period of the term shall be calculated by adjusting  the amount  of the annual rent payable over the preceding  five year period  by a percentage  calculated by adding  one half of the percentage change (plus or minus) in the Consumer Price Index published for the month  in which the commencement date of the five year period falls from that published in the same month  five years previously  to one half  of the percentage  change (plus or minus) in the Agricultural Output Index figure  published  for  the  month  in which  the  commencement date  of  the  five  year  period  falls  from  that  published  in  the  same month   five  years previously  PROVIDED ALWAYS that the references herein to the Consumer Price Index and to the Agricultural Output Price Index shall in the event of either  or both  of such indices being superseded or replaced by some other similar index or indices be deemed to be references to such other  similar index or indices.

 

*[Strike  out all of Part “A” or “B” as applicable]                                   11


Third Schedule

(Works prohibited without the prior  written consent of the Owner, who has absolute discretion  to give or withhold such consent)

 

1.   Ploughing  or breaking  up of any permanent pasture save that described in the

Second Part of the First Schedule.

 

2.   Making  permanent works of irrigation.

 

3.   Planting  of hops and erection of wirework for hop gardens.

 

4.   Planting  of orchards or fruit bushes.

 

5.   Planting  of shrubs or trees for commercial production.

 

6.   Planting  of any crops including fruit flower or vegetable  crops which  require more than twenty-four months to mature.

 

7.   Erection of private  dwellinghouse.

 

8.   Selling or disposing of stone gravel earth sand and clay.

 

9.   Any other  works not listed in the Fourth or Fifth Schedules.


Fourth  Schedule

(Works permitted with  the prior  consent of the owner,  such consent not to be unreasonably withheld)

 

1.   Erection of buildings  (other  than  private  dwellinghouse) alteration or enlargement of buildings  and making  or improvement of permanent yards.

 

2.    Installation of fixed equipment.

 

3.    Cutting  lopping topping cropping  or felling of trees.

 

4.    Making  or improvement of internal roads or bridges.

 

5.    Making  or improvement of watercourses culverts ponds wells or reservoirs or of  works  for  the  application of  water  power  for  agricultural or  domestic purposes or for the supply of water  for such purposes.

 

6.    Making  changing  or  removal  of  permanent boundaries  on any part  of  the

Farm.

 

7.    Reclaiming of waste land.

 

8.    Making  or improvement of embankments  or sluices.

 

9.    Provision of permanent sheep dipping accommodation.

 

10.  Removal of  bracken  gorse tree  roots  boulder  or  other  like  obstructions  to cultivation.

 

11.  Land drainage  (other than mole drainage  and works carried out to secure the efficient functioning thereof).

 

12.  Provision for laying on of electric light  or power.

 

13.  Provision of means of sewage or foul  water  disposal.

 

14.  Erection alteration or enlargement of animal and/or crop handling facilities.

 

15.  Provision of storage facilities for animal manure or slurry.

 

16.  Cutting  or taking  away turf  or peat other  that  for domestic consumption.


Fifth  Schedule

(Works permitted without the consent of the Owner)

 

1.    Mole  drainage   and  works  carried  out  to  secure the  efficient functioning thereof.

 

2.    Protection  of existing fruit trees against animals.

 

3.    Chalking and liming  of land.

 

4.    Application to land of manure and fertilisers.

 

5.    Application to land of animal  or poultry slurry in accordance with  good  and proper  agricultural practice.

 

6.    Ploughing  or  breaking  up  of  permanent pasture  (if  any)  described  in  the

Second Part of the First Schedule.

 

7.    Reseeding of tillage  land.

 

8.    The growing of herbage crops for commercial seed production.

 

9.    Application to land and crops of herbicides and pesticides.

 

10.  Burning  of gorse heather  or crop residues.

 

11.  Cutting  and using of turf  or peat on the Farm for domestic consumption.


In witness  whereof the Owner  and the Farmer have hereunto set their  hands and affixed  their  seals the day and year first herein written.

 

Signed,  sealed and delivered

by the owner in the presence of:-

 

 

Signed and sealed by the farmer in the presence of:-

 

Dated the                         day of                            20


Produced by AIB Bank and the Irish Farmers’ Association with  the kind co-operation of The Incorporated Law Society of Ireland and The Society of Chartered Surveyors in the Republic Of Ireland

 

Notice  for Practitioners and Clients

 

(1)  The Sponsors of this draft  Master Lease are anxious to stress that  it does not purport to be, and should not be interpreted or construed as, anything other that a draft  Lease for discussion purposes to assist the parties in reaching agreement  in accordance with the particular requirements of each individual case.

(2)  It  is suggested  that  each practitioner should  put  the  draft   on  his/her  own  word processing system so that  modifications and changes to the text can be made as each individual case requires.

(3)  Particular attention is drawn  to the following:- Clause 1 (ll)

If the owner is Expecting and Reserving a right  of way, this should be referred  to in the

First Schedule and a map should be attached  showing  the right  of way in question. Clause 2 (1)

Where the length  of the term  will  so encompass, the draft  provides for  an (upward/downward) five yearly rent review pattern.  The review can be either  the conventional “open”  type  negotiated/determined review  or  alternatively a “fixed” type  review  (by reference  to  the  plus or minus increase or decrease of  50% of  the Consumer Price Index  and  50%  of  the  Agricultural Output Index) each of  which  is catered for  in Part “A” and Part “B” respectively  of  the  Second Part of  the  Second Schedule. Whichever methodology the parties select, “A” or “B” should be inserted in the space provided  in Clause 2 (1) and the inapplicable part of the Second Part of the Second Schedule struck out in its entirety and initialed by the parties.

Clause 2 (14)

This deals with  alienation and should be carefully  noted. Clause 3 (A)

Responsibility for fire and special perils insurance rests with  the owner.   It is suggested that  the  Farmer should arrange  for  the  Owner  to  note  the  Farmer’s interest  on the Insurance Policy in question.

No provision has been made in the draft  for Public Liability  Insurance. The owner  may wish to insist on this.

Practitioners  should not involve themselves in advising as to an Owner’s eligibility for the Early Retirement Scheme or in the completion or filing of the application forms but should deal solely with  the transfers or leases involved.

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