Selling Donnybrook land with a farm lease or agistment agreement

Donnybrook rural land may be used under a formal farm lease, a short agistment arrangement, a seasonal cropping agreement, a share-farming understanding or an informal deal between neighbours. One party may own livestock, another may maintain fences and a third may own irrigation or mobile equipment. These details matter when the property is marketed and sold.

A seller should not assume that an oral arrangement can simply end at settlement, that the buyer must take it over or that rent automatically adds to the property's value. The first task is to identify the arrangement accurately and obtain legal and settlement advice about notice, transfer, termination, vacant possession and contract wording.

This article is general sale-preparation information, not legal, tenancy, planning, taxation or biosecurity advice. Farm, pastoral, commercial and residential occupation can be governed differently. Have a lawyer review the actual documents and circumstances before taking action.

Identify every person and activity on the land

Create a schedule naming each occupier or user, the area used, the purpose, start date, term, renewal or option, payment arrangement and notice provisions. Include paddocks used for agistment, leased orchard rows, grazing licences, contractor storage, apiaries, sheds, accommodation and any land used under a neighbour arrangement.

Do not rely on the heading of a document. An agreement called a licence may operate differently from what the parties assume. An oral understanding may still need professional attention. Give the lawyer every version, amendment, email, invoice and payment record so the position can be assessed as a whole.

Prepare a map showing the practical area used, gates, water points, yards, access routes, excluded areas and shared infrastructure. Label it as a seller's working map unless it is based on verified survey information. Cross-check the arrangement against the title and the Donnybrook title, easement and covenant guide.

Confirm what happens on sale

Ask the lawyer whether the agreement continues, can be assigned, requires consent, ends on notice or needs a negotiated surrender. Establish who must give notice, when and in what form. Do not tell a buyer that vacant possession is guaranteed until the contract, agreement and professional advice support that statement.

If the buyer may continue the arrangement, prepare the information needed to assess it: signed agreement, payment history, bond or security, insurance, disputes, arrears, maintenance responsibilities, access rules and any proposed variation. Keep private personal information controlled and release documents through the appropriate professional process.

The Western Australian Planning Commission publishes classes of leases, licences, agreements to sell and options that may require approval in particular circumstances. Its July 2026 material explains that approval questions can arise for certain arrangements over part of a lot, including some leases or licences extending beyond 20 years. A property-specific check is essential; do not infer an approval outcome from a summary page.

Planning source: Western Australian Planning Commission — leases, licences and related agreements, updated 23 July 2026 and checked 7 October 2026.

Prepare a written agistment record

The Department of Primary Industries and Regional Development recommends a written agistment agreement that identifies the stock, period, biosecurity requirements, animal management, feed, movements, costs and termination. Its guidance also highlights checking fences, feed, water and yards before animals arrive.

For sale preparation, add the animal owner's contact, property identification code details where applicable, current stock numbers, arrival and expected removal dates, feeding arrangements, veterinary or treatment responsibilities, mortality procedures, access times and who may move animals. Ask the relevant authority or adviser about movement documentation and identification requirements.

Photograph paddock and fence condition before marketing and again when animals leave. Record outstanding damage, feed, water or waste issues. Do not move livestock, withhold access or vary care merely to make photography easier without the owner's agreement and appropriate welfare arrangements.

Agistment source: DPIRD — Agisting livestock, checked 7 October 2026.

Separate land, fixtures, plant and livestock

List every item used by the occupier: pumps, tanks, troughs, fences, yards, feeders, irrigation controllers, tractors, portable sheds, cool-room equipment and stored materials. Identify the owner and whether the item is fixed, movable, hired or excluded. Do not assume an improvement belongs to the landowner because it is physically attached.

Ask the lawyer and settlement representative how inclusions, exclusions, tenant improvements and removal obligations should be documented. Photograph significant items and record serial numbers where helpful. The Donnybrook fixtures, chattels and equipment guide provides a detailed classification workflow.

If equipment must be removed, agree on timing, access, ground repair and waste disposal. Avoid promising a cleared shed or paddock before the responsible person and deadline are established.

Clarify water and operating access

Identify which party owns or uses each water licence, bore, dam, tank, meter, pump and irrigation line. Record how water and power costs are divided, who reads meters, who maintains infrastructure and whether access crosses another party's land or lease area.

A water entitlement is not automatically the same thing as a contractual right to use a pump, dam or irrigation system. Keep licence, infrastructure and private-agreement evidence separate. For licensed irrigation, use the Donnybrook water-licence and settlement handover guide.

Set a process for final readings, keys, controller access, manuals and operating records. Keep passwords and security information out of public marketing and transfer them securely when the parties authorise handover.

Manage inspections and biosecurity

Coordinate inspection times with every lawful occupier. Give buyers instructions about gates, vehicles, livestock, working areas, dogs, machinery and restricted zones. Do not allow unsupervised entry simply because the owner is selling the land.

Use clean-vehicle or footwear controls where appropriate, keep a visitor record and explain any current biosecurity plan. The Donnybrook orchard and farm biosecurity guide covers inspection preparation, records and accurate buyer communication.

Where an occupier runs a business, protect confidential production and customer information. Buyers can receive verified property information without being given unnecessary personal or commercial data. Ask advisers what can be released and when.

Present income and expenses without overstatement

If the campaign mentions lease, licence or agistment income, disclose the period, whether the figure is gross or net, review terms, arrears and any costs paid by the owner. A recent payment is not a guaranteed future return. Do not annualise a short seasonal arrangement without clearly explaining the calculation and assumptions.

Prepare bank records, invoices and the signed agreement for professional review. Separate land income from livestock, crop, contracting or equipment income. A buyer's finance, taxation and intended use may differ from the seller's operation.

If the arrangement will end, market the property on that basis only after the legal and practical path is confirmed. If it may continue, state that transfer or continuation is subject to the agreement, parties and contract rather than promising a seamless handover.

Use current Donnybrook market evidence in context

REIWA's Donnybrook profile was updated 3 October 2026 using transactions for the 12 months ending September 2026. It reported a median house sale price of $750,000 and a median weekly house rent of $580. Bedroom-level house medians were $650,000 for two bedrooms, $680,000 for three bedrooms and $840,000 for four bedrooms.

Those suburb house figures are not a valuation of leased farmland, agisted paddocks, orchards or a rural business. The land, improvements, water, agreement terms, vacant-possession position and suitable rural comparable sales require property-specific assessment.

Market source: REIWA Donnybrook suburb profile, data updated 3 October 2026 and checked 7 October 2026.

Farm lease and agistment seller checklist

• List every occupier, agreement, area, activity and payment.
• Give all written and oral arrangement evidence to the lawyer.
• Confirm notice, assignment, surrender and vacant-possession requirements.
• Map practical access, paddocks, water, yards and shared infrastructure.
• Prepare livestock, welfare, movement and biosecurity records.
• Separate land, fixtures, plant, livestock and excluded items.
• Record insurance, maintenance, arrears, disputes and damage.
• Coordinate inspections and protect confidential information.
• Describe income and continuation terms without guarantees.