Lease Drafting and Negotiation

Course Objective: Participants will learn to negotiate a lease to the best interest of the landowner. The class will consist mostly of lab work in preparing the negotiation for the lease. The realty branch has a role, the landowner has a role, and tribal government has a role in the process of lease negotiation.

Sometimes the landowner will negotiate a lease in good faith, and take it to realty or the Superintendent for approval and find that the lease does not meet the requirements of realty. In some cases this is the first realty has seen the lease.

This class will include sample lease clauses and what they mean, what mistakes should be avoided in the lease drafting process.

Class exercises will cover the role of each party, how should each party prepare prior to the first lease negotiation meeting. This will enable the negotiator to obtain the best possible deal for the landowner.

                            The class will work in small groups and draft the key deal points to a lease. Certain events will change the proposal during the negotiation process in this assignment just like in the real world.

                            The lab exercises will consist of commercial leases but the same rules apply to any other type of lease, i.e. developmental agricultural lease or Rights of Way.