We at Mackenzie Elvin, through heritage, are close to the land and understand the agribusiness sector. The owners and operators of farms and orchards need almost more legal understanding than most other business operators and the vertically integrated nature of the sector needs specialist understanding. Mackenzie Elvin has unparalleled experience in the agribusiness sector, understanding both the legal issues and the particular complexities and needs of the participants.
- Safety law and processes
- Employment law and processes
- Succession planning
- Resource Management law and processes
- Subdivision and land development
- Financing and refinancing
- Leasing – land and equipment
- Sharemilking and sharefarming
- Forestry Rights and ETS
- Mediation and alternative dispute resolution
- Contracts and commercial agreements
- General commercial agribusiness advisory and advocacy services
- Should I register my farm lease against the owner’s title?
- Why has the farm supplier I bought from registered a charge against me...?
Yes, you should register any longterm farm lease against the owner’s title, especially if you are going to be spending money on improvements such as capital fertiliser, re-sowing pasture, fences etc. You should also make sure you get the consent of the owner’s bankers if they have a mortgage on the land. If you don’t register the farm lease you will have no rights against any third party who acquires an interest in the land (ie if the farm is sold to a third party) without notice of your lease. In addition, you will have no rights against the bank in relation to the lease if the farm is sold by mortgagee sale.
Why has the farm supplier I bought from registered a charge against me on the Personal Property Securities Register?
Farm Supply companies such as RD 1, PG Wrightson and Farmlands will often register a financing statement (eg a charge) under your name at the Personal Property Securities Register when you open an account with them. A financing statement contains information about the security interest. Registration of the financing will in general determine the priority of creditors if you become insolvent. Those creditors who have registered their financing statements rank ahead of those who haven’t registered, and the order of those registered is determined by the date on which they registered their financing statement.