Chapter 18 - § 18.4 • CROP LEASES

• Jurisdiction: Colorado

§ 18.4 • CROP LEASES

§ 18.4.1—In General

A crop lease is a lease in which the landlord receives a share of the crop in lieu of a cash rental.²⁷³ For example, a lease may include as consideration "one-half (1/2) of all hay, grain, and other produce raised on said land"²⁷⁴ or one-half of everything that was raised.²⁷⁵ In discussing cropping contracts, the Colorado Supreme Court said, "[I]t seems that the most satisfactory view of such contracts . . . is that they are special, partaking somewhat of the nature of an adventure [i.e., a joint venture], entitling the party to a chance in the profits or benefits derivable therefrom."²⁷⁶

§ 18.4.2—Recordation of Crop Leases

Where agricultural lands are leased upon a crop rental basis and the landlord receives under the terms of the lease a share of the crop in lieu of a cash rental, the lease may be recorded in the office of the clerk and recorder of the county where the lands leased, or the major part thereof, are situated. The recording of the lease is notice to all persons of the right of the landlord in and to any crops grown on the lands. Any purchaser of the crops, or of any part thereof, is bound to take notice of the rights of the landlord and is accountable to the landlord for the purchase price of the crop to the extent of the landlord's interest.²⁷⁷

§ 18.4.3—Away-Going Crops

Where a lease is for a fixed term, the tenant knows when he or she sows crops precisely when the lease will end, and the tenant has no right to crops that do not mature until after the termination of the lease.²⁷⁸ But where the landlord expressly or by implication recognizes the right of a tenant to sow crops in the last year of his or her term, the tenant has a right to harvest the away-going crop at or after the expiration of the lease, where there is no provision in the lease as to who is entitled to such crops.²⁷⁹

In actions of forcible entry and detainer, except in the case of vacant and unoccupied lands and public lands, the person in possession is entitled to cultivate and gather the crops, if any, planted or sown by him or her previous to the service of the demand to deliver up possession, and then grown or growing on the premises, and has the right to enter the premises for the purpose of cultivating or removing the crops, first paying or rendering to the party entitled to the possession of the premises a reasonable compensation for the use of the land before removing the crops.²⁸⁰ This provision is applicable only where...