An agistment agreement or contract can be oral or in writing between animal owners and landowners (agistors). The period of agistment can be specified in a written agreement; failure to record an agistment agreement in writing means that the period of agistment cannot be defined and the animal owner can request the return of the animals on demand. Equally, an undefined period can be a problem for an animal owner, if the land owner demands that the animals be removed. 

Animal owners and landowners often reach agistment agreements, which are contracts, through informal discussion. However, they often ignore potential problems such as the animals suffering injury or disease; overstocking; owners not paying; or the need to relocate stock because of fire, flood, drought or lack of feed and water. Written contracts enable both animal owners and agistors to list their expectations, clarify their rights and responsibilities and anticipate problems before they arise. This reduces the likelihood of disputes and further legal expenses.

Some industry associations have prepared standard agistment contracts for their members. These describe the responsibilities of the animal owner and the agistor and set out ways of dealing with problems that could arise.

The Department of Primary Industry website provides detailed Information Notes on Agistment Contracts for Horses and suggestions for other organisations to contact. Many of the issues to consider when agisting horses can be applied to other domestic livestock.

If you want a legal advisor to prepare the agistment contract, you need to provide this advisor with clear information about your needs. There should be a standard dispute resolution clause so that disputes can be referred to an agreed expert or one appointed by an agreed industry body. This process is usually quicker and cheaper than suing through the courts: see also Dealing with disputes.

An agistment agreement does not confer on the animal owner an interest in the land on which the animals are agisted.