[jerico7]

Can somebody define the terms: "Husbandlike manner" and "pratices of Good Husbandry" used in Land or farm leases--and how it functions within the lease

[excon]

Hello j:

Those are very vague terms. What one person views as husband like, another might not.

Therefore, I wouldn't enter into any lease that was that vague. Then nobody knows exactly what their supposed to do, and you're asking for trouble.

If the landlord is requiring such language, I'd want him to define it MUCH better than that.

excon

[LisaB4657]

I believe they're talking about "animal husbandry". You can read about it at Animal husbandry - Wikipedia, the free encyclopedia

[excon]

Hello again,

Of course, they meant "animal husbandry".

THAT definition, however, is no more descriptive of the expected behavior than any other.

As with ANY profession, doing it "good", is in the mind of the beholder. I'd want to know specifically what GOOD means.

As an aside, Florida is one of the few states left where bestiality is NOT illegal. In their efforts to change that, it was noted on the news yesterday, that Florida Congresswoman Larencia Bullard couldn't distinguish between bestiality and animal husbandry.

excon

[LisaB4657]

Ok, OK, Mr. Excon. Since you're not going to let me off the hook that easily I dug a little deeper.

In "Farm Contracts between Landlord and Tenant" by William Collett Tichenor I found the following: "Sec. 49. Good Husbandry. (See also General Implications of Common Law. 6.) Contracts usually contain a stipulation as follows: "That the said lessee agrees to farm the same in a good husbandlike manner."

Good husbandry requires that farming lands shall be used as such, that no waste shall be committed, that the soil shall not be unnecessarily exhausted, that crops shall be well cared for, and that repairs shall be made.1

When a tenant agrees to give the landlord a certain share of the crops he is bound to cultivate the land with proper industry, and the landlord is entitled to demand for rent such proportion of the crops as his share would amount to, if proper industry had been bestowed in cultivating the land. If proper industry is not used the landlord has an action in damages against the tenant, or by agreement the landlord may re-enter and recover possession. (See Forfeiture, 115.)

Where one rents land, reserving as rent a certain proportion of "the crops produced thereon," or there is a letting of land upon shares, and there is no stipulation as to the manner of cultivation (whether certain fields shall be cultivated or not) the owner of the land is bound by the agreement and can claim only his proportion of the crop already produced, regardless of the mode of cultivation. Where, however, land is rented for cultivation upon the agreement to pay a certain "share of the crops," the tenant should not allow the land to lie idle, but must cultivate it with proper industry, and the landlord is entitled to demand for rent such proportion of the crop raised as his share would amount to if proper industry had been bestowed in cultivating the same.

In the absence of express agreement or stipulation to the contrary, it is the duty of the lessee or cropper to save and gather the crop, and where he neglects to do so, the owner of the land, in order to prevent the destruction of the crop, comes in and harvests it, he is entitled to reimbursement from the lessee or cropper for the expenses of harvesting the crop.

Sometimes legal steps are taken to compel the tenant to comply with his covenant, as to husk out the landlord's share of the corn.

(For covenants as to husbandry, see 136, 164, 192, 217, 210, 454; penalty for neglect of, 256, 272, 286, 302, 367, 376, 386, 406, 420, 421, 422, 430-4, 438-1, 454, 491.)

i Good husbandry also requires that the manure made upon a farm leased for agricultural purposes shall be hauled out upon the fields. (24 Md. 416; 1 Ecp. 131; 2 Clark, Pa. 501.) (See Manure, 81.) It also forbids a tenant from plowing up permanent pasture except by agreement. 6 Pa. 328. (See also Waste, 106-107.)"

I found this through a search on Google Books for "good husbandry". It appears that there is a generally accepted definition of "good husbandry" for purposes of farm leases and this seems to sum it up very well.

As an aside, thanks for the little tidbit about Florida bestiality. I really needed that to go with my coffee this morning. :eek:

[Ndigbo]

It depends on the area of the real estate this term "Good Husbandry may be applied. The literal interpretation is reasonable mangement and or frugality. According to Osborn (Mortgages) "the mortgagor of the land in possession may do such acts on the mortgaged property that are 'usual and proper' in the course of good hushandry." Mortgages, p.211. The author goes further to state that a property owner may remodel structures on his property and even severe fixtures in a prudent and reasonable manner in as much as such action will leave adequate security for the mortgagee, at p.217. Read it up.