Agistment

Taking in livestock belonging to another person to be fed for payment. An agistment arrangement does not create a tenancy. The farmer taking in the agisted stock onto their land (agister) retains possession of the land. The owner of the livestock has no interest in the land and has only a right to the grazing. A contract of agistment is similar to the grant of a profit à prendre ( www.practicallaw.com/6-386-5195) , but it need not be made by deed.

The agister’s obligation is to feed the animals and deliver them up to their owner on demand. Feeding need not necessarily go beyond the provision of adequate pasture to maintain the agisted stock in a reasonable state of health. The agister is only liable for injury to the animals arising from negligence.

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