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Land division creates win-win solution to cease lease agreement

  • Date: 2018-02-14
  • Issued by: Land Administration Bureau

If both the leaser(s) and the lessee(s) of a piece of land governed by the "37.5% Arable Land Rental Reduction Act" wish to terminate their lease agreement, the lessee(s) usually hope(s) to get money as a compensation from the leaser(s) unless the act breaches the lease agreement. However, it is indeed a burden for the leaser(s) to raise such a big sum of money.

There is another way to resolve the issue. Item 5, paragraph1, Article16 of Agricultural Development Act provides that the land governed by the “37.5% Arable Land Rental Reduction Act” may be divided and owned separately by the leaser(s) and the lessee(s), provided both parties agree to terminate the lease agreement through land division.In other words, when terminating a lease agreement, the leaser(s) can choose to compensate the lessee(s) bymoney or by landdivision. Therefore, the land governed by the 37.5% arable Land Rental Reduction Actcan be divided and owned separately by the leaser(s) and the lessee(s), if both sides agreeto terminate their lease agreement in this way and the number of land divisions does not exceed the total number of the leaser(s) and the lessee(s).

In this way, the leaser(s) can take back part of the land for self-farming, while the lessee(s) also have their own land to grow whatever crops they like. This is good way to improve land productivity and create a win-win situation for landlords and tenants.

  • Date : 2013-04-02
  • Hit: 26
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