Here is some language I used a few years back in a Restrictive Covenant Agreement.
During the period from the date hereof, no pigs, hogs, cattle, poultry or other animals shall be bred, nourished, confined or otherwise kept on the Property or any part thereof for any purpose, other than for the personal/household use and/or consumption by the owner of the Property. With respect to any pigs/hogs that are on the Property for personal/household use and/or consumption by the owner, such pigs/hogs shall be free range and shall be free to range at least one (1) acre for each pig/hog. For example, if there are three (3) pigs/hogs, they shall be free to range at least three (3) acres. No animal waste or manure shall be collected, gathered, stored or held in any above or below ground structure, tank or pit erected or existing on the Property. No animal waste or manure shall be spread above ground (in contact with the top surface of the ground) or in contact with the air or water on the Property, provided however, that finished compost or bagged sterilized manure may be used in gardens for Buyer’s personal household use .
Good luck!
Robert G. Rutt
Attorney at Law
1680 Highway 1, Suite 2520
Fairfield, Iowa 52556
Phone: 641-469-6322
Fax: 641-209-9636
From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org] On Behalf Of Joe Feller
Sent: Tuesday, August 29, 2017 2:58 PM
To: realestate@iabar.org
Subject: Re: [ISBA RealEstate] Restrictions on Hog Farming
Listmates,
I have the same issue, sellers and buyers agree to deed restriction forever outlawing hog confinements of any sort on the real estate being conveyed. Have any of you dealt with this issue and drafted appropriate language that you can share? Look forward to your responses.
Joe
Joseph M. Feller
Attorney at Law
Koopman Kennedy & Feller
P.O. Box 37
Sibley, Iowa 51249
712-754-4654
jfeller@kkfellerlaw.com
www.KoopmanKennedyFeller.com
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From: Sandra Clasen
Sent: Wednesday, August 09, 2017 2:23 PM
Subject: [ISBA RealEstate] Restrictions on Hog Farming
Good Afternoon:
I’m looking for any language anyone may have on restricting buyers from using land for hog farming in the purchase agreement. The property was from an estate and the home was purchased but the remaining farm land has yet to be sold and the current owner of the home doesn’t want to live next to a hog farm. Any help, direction, or language would be extremely helpful!
Thanks!
Sandra Clasen
Attorney
Meyer, Lorentzen & Nelson
101 ½ E. Water Street
P.O. Box 126
Decorah, Iowa 52101
(p) 563-382-3647
(f) 563-382-2822
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