The Farmland Law Mistakes Farmers Miss — With Attorney Jim Eggleston
Today’s Farm4Profit episode features agricultural real estate attorney James (Jim) Eggleston, founding partner at Eggleston King Davis — a firm known for navigating some of the most complicated farmland and commercial real estate issues across Texas and California.
From entity structuring to partitions, water rights to easements, seller financing to succession, Jim brings clarity to the legal decisions that shape the future of family farms.
Why Agricultural Real Estate Law Is a Different World
Unlike standard residential or commercial real estate, farmland deals touch nearly every part of a farm’s financial future. Jim explains why agricultural transactions require a different level of expertise, especially around:
Zoning complexities
Water rights and access
Mineral rights + surface rights conflicts
Conservation easements
Title and boundary disputes
Financing structures unique to agriculture
He walks listeners through the early years of his career, how he gravitated toward agriculture, and what inspired the launch of his firm.
The Most Common Mistakes Farmers Make in Land Deals
Jim breaks down the errors he sees repeated across the industry — mistakes that often cost families money, time, and sometimes relationships.
1. Handshake agreements that go bad
Verbal agreements feel “neighborly,” but they fall apart fast when:
Ownership shifts
Family members disagree
Access rights weren’t clearly defined
2. Poorly written purchase agreements
Red flags include:
Missing contingencies
Unclear mineral or water language
Incorrect legal descriptions
Missing access or ingress/egress clarity
3. Title issues buried in old deeds
Jim talks through historical title problems and how to prevent surprises during closing.
4. Lease structures that don’t protect either party
Cash rent, crop share, and hybrid leases all deserve lawyer-reviewed language, especially when land changes hands or multi-year deals are involved.
Using Entities to Protect Farmland for Generations
Jim explains how LLCs, family partnerships, and buy/sell agreements can dramatically reduce risk and ensure smoother transitions for the next generation.
Topics include:
When to create an entity
When not to
Common operating-agreement mistakes
How families can avoid forced partitions
How private equity and investors structure ownership
This is where the episode emphasizes that land isn’t just an asset — it’s legacy.
Surround Yourself With the Right Team
Jim highlights why farmers should rely on legal, tax, and financial advisors who understand agriculture — including partners like Boa Safra who help producers structure smarter, protect assets, and reduce liability.
The key takeaway: Good advisors save farms. Bad paperwork loses them.
Lightning Round: Jim’s Fun Perspectives
We end the episode on a lighter note:
The most beautiful piece of land he’s ever seen
One law he’d change to help producers
What career he’d pursue if he weren’t an attorney
A practical, eye-opening conversation for anyone owning, renting, purchasing, or planning for farmland.
