FAO LAND TENURE STUDIES
2
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED
NATIONS
Rome, 2001
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ISBN 92-5-104667-0
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© FAO 2001
PART 1: INTRODUCTION AND GENERAL PRINCIPLES
Background and context
Aims of the Guidelines
Layout of the Guidelines2. The Nature and Context of Leasing Arrangements
Introduction
A range of leasing arrangements
Contractual license arrangements
Labour tenancy
Sharecropping and other such arrangements
Fixed rent tenancies
Reverse agreements3. The Principal Issues for Landowners and Tenants
Introduction
Balancing the needs of landowners and tenants
Tenancy term length
Tenants and family succession
Renewal
PART 2: GOOD PRACTICE IN TENANCY ARRANGEMENTS
4. The Elements of a Tenancy Agreement
Introduction
Names of the parties
The commencement date and duration of the agreement
Description of the property
A record of the agreement
Use rights and responsibilities
The right to termination
The principal covenants in the agreement
Covenants relating to the upkeep of the land
Covenant to return the land in a similar condition at the end of the lease
Arrangements for undertaking improvements or changes of use
Financial responsibility for shared resources
Rent or other consideration
Arrangements for compensation
Dispute resolution5. Good Practice with Respect to Licenses and Sharecropping Agreements
Introduction
Names of the parties
Agreement to share the land
Commencement, duration and termination of the agreement
Share of inputs
Share of outputs
Dispute avoidance and resolution6. Recommendations for implementing good practice tenancy arrangements
Introduction
The preparation of a model lease, or lease terms
An undertaking to refer to a model agreement when lease terms are in dispute
Improvements in transparency
Access to appropriate information
PART 3: GOOD PRACTICE IN CONTEXTUAL ISSUES
Introduction
Land tenure policies
Fiscal and financial policies
Land use policies
Legal framework