EXACTLY, and why the answer remains THE SOONER THE BETTER. Factors such as who applied fertilize and when,,,,,,,,,,,,past practices,,,,,,,,,,local customs,,,,,,,,etc etc allllllllll play into the issue REGARDLESS what a certain statute might say and furthermore if theres no writing and especially in Indiana (pro judge state) WHAT MATTERS IS WHAT A JUDGE THINKS ABOUT IT. Thats why the sooner the better is the best answer and even if sooner, subject to what a Judge rules and fertilize and past practices etc., EVEN IF HE GIVES NOTICE TODAY IT MAY WELL BE TOO LATE. However theres no harm in trying (i.e. go ahead and serve notice) and if the tenant wants to challenge it, let him bear the burden and expense and if its only 23 acres its a loosing proposition based on high legal costs.
THATS WHY STATUTES ARE ALL WELL AND GOOD (like if it says 30 days notice etc) AND USUALLY DISPOSITIVE BUT THERE CAN BE OTHER FACTORS INVOLVED
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