2006 Delaware Code - Subchapter II — Miscellaneous

§ 6721. Disposition of manure.

(a)(1) In the absence of an express agreement between the parties, an agricultural tenant, whether a tenant at will or for a term of years, shall have no right to remove, or sell for removal, any manure made in the ordinary course of his husbandry on the farm occupied by such tenant and consisting of the collections from any stable or barnyard, or of composts formed by an admixture of these with soil or other substances.

(2) If an agreement between the landlord and the tenant grants to the tenant the right to remove the manure made on the premises, the tenant shall do no act which will do unnecessary injury to the soil, and may not remove soil with the manure.

(3) During the term of the lease, however, the tenant of a farm lease is entitled to the possession of the manure made thereon in the ordinary course of husbandry, for the purpose of using it on the farm but shall have no right to sell it. If the tenant sells the manure, the landlord shall have the choice of receiving the money paid, or he may maintain an action against the purchaser for the true value of the manure if the amount paid was less than the true value.

(b) A tenant who uses the demised premises as a corral for cattle and feeds such cattle with supplies procured from sources foreign to the demised land may remove all manure made by them which is not commingled with the soil, provided such tenant uses reasonable care and skill when removing the manure from the land so as to prevent injury thereto. (60 Del. Laws, c. 175, § 1.)

§ 6722. Improper tillage and cutting of timber.

The cutting of timber by the tenant on leased agricultural land, without the consent of the landlord in writing, is waste. Improper tillage and the cutting of timber may be enjoined by the landlord, who may also bring an action for double the damage done to the land, loss of value of the land and loss of value of the crop or timber. (60 Del. Laws, c. 175, § 1.)

§ 6723. Assignment of farm leases.

A lease of land on shares, including the use of buildings, farm implements, stock and other personal property, is a personal contract and is not assignable without the consent of the lessor; provided, however, where the original lease runs "to the lessee and his assigns," or where the crop has been harvested and marketed, the lease shall be assignable. (60 Del. Laws, c. 175, § 1.)

§ 6724. Delivery of crop rent.

In the absence of any agreement between a landlord and his tenant fixing the place at which crop rent shall be delivered, it shall be delivered upon the leased premises. (60 Del. Laws, c. 175, § 1.)