This article examines the fundamental premises underlying agricultural easements and will discuss key drafting issues that reflect those premises and objectives. Some of the key drafting issues include the easement purpose, construction of agricultural buildings and improvements, construction of residential and farm worker dwellings, agricultural practices, subdivision and rural enterprises, and emerging issues, such as affordability, climate change and renewable energy.
The article originally appeared in the April 2004 issue of American Agricultural Law Update, Volume 21, #5, 246. It was updated in 2019 to reflect ongoing developments and some newer issues.