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A farm real estate attorney drafts and reviews the papers behind land deals and leases. That includes purchase agreements, deeds, land contracts, cash rent leases, and wind or solar leases. In Nebraska, land rules have quirks, like the September 1 deadline to end a handshake lease. Getting them right protects your land and your income.
Handshake leases have a September 1 deadline. In Nebraska, a verbal year-to-year farm lease runs from March 1 to the end of February. To end it, the other side must receive notice by September 1. Miss that date, and the lease runs one more full year. This rule comes from Nebraska Supreme Court cases, not a statute (Moudry v. Parkos, 1984; Wilson v. Fieldgrove, 2010). Send notice in writing in a way you can prove, like certified mail.
Written leases follow their own terms. A good written lease sets the rent, the term, and how either side can end it. Leases longer than one year should be recorded with the county.
Wind and solar agreements have special rules. In Nebraska, these agreements must be in writing and recorded with the county. The first term can’t be longer than 40 years, though the parties can agree to extend it. A wind agreement ends if building hasn’t started within 10 years, unless both sides agree to extend (Neb. Rev. Stat. 66-910 and 66-911.01). Wind and solar rights also can’t be split off from the land and sold separately.
Nebraska limits foreign ownership of land. Nonresident aliens and foreign corporations can’t own Nebraska land or lease it for more than five years. A 2024 law (LB1301) rewrote these rules. Check before you sell or lease to a buyer with any foreign ties.
Renting to a beginning farmer can earn a tax credit. Nebraska’s NextGen program gives landowners a refundable state tax credit of 10% of cash rent, or 15% of share rent, for three years. The lease must be at least three years long. Applications are due November 1.
What we don’t handle: court fights over land, boundaries, or leases, and routine full-service closings. We work with your title company on closings. If a dispute goes to court, we’ll help you find a trial lawyer.
These leases can bind your land for decades. Check these points first:
Every real estate and lease project is a flat fee. You get the price in writing before we start.
We serve landowners and farmers in every Nebraska county. Main office: 2308 E 5 Rd, Henderson, NE 68371.
Kole Pederson grew up on a family farm and has more than 15 years of hands-on farm work. He knows leases from both sides of the fence. He holds a JD/MBA from Drake University Law School, and he is licensed in Nebraska and Minnesota. About Kole
For a verbal year-to-year lease, the tenant must receive notice by September 1. The lease then ends at the end of February. For a written lease, follow its terms.
Yes. A written lease sets the rent, term, and ending rules. It prevents arguments and protects both sides if the land is sold or someone dies.
Look at the term, rent increases, taxes, crop damage, removal at the end, and whether the lease can be sold. We review and negotiate these leases for a flat fee.
Yes, if you follow the federal rules. You must name replacement property within 45 days and close within 180 days of the sale. Plan it before you sell.
We draft and review the deal papers and work with your title company, which handles the closing.
Related pages: Farm Leases and Grazing · Wind and Solar Leases · 1031 Exchanges · NRD and Water Rights
Have a lease or land deal to review? Book a free 30-minute call and get a flat fee.
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Last updated: October 27, 2026. This page is general information, not legal or tax advice for your situation.
