Re: UPDATE: dead trees and lush soybeans!

Posted by paul on June 13, 2005 at 15:57:34 from (209.23.145.68):

In Reply to: UPDATE: dead trees and lush soybeans! posted by Markuss on June 13, 2005 at 14:05:28:

There is the issue of the farmer not being
notified proerly on time that he does not have
the lease for the land this year - so by default
you are tresspassing on his beans. As unfair
& unsettling & wrong as that is to you - that is
how it is. He needs someone (the realitor if
that was the previous owner I would say!) to
compensate him for his lost lease, which was
not properly terminated.

I fully understand your anger at this, and agree
you are being wronged, and no the beans
should not be combined by the farmer....

At the same time, the farmer is being wronged
as well.

You have one heck of a snot-bag of a realitor,
& that is wholy where the blame for all this
lies. totally.

2,4,D gets rid of soybeans, makes a pretty
good prep for planting grasses..... Realize that
you could owe the farmer for his planting &
expenses to date on this if you do this. The
legal chain of events is that you need to pay
the farmer for losses, and then hound the
realitor to be re-embursed from them....

Metal Tee posts on 2 sides of each of your
new trees would be a good idea - I would
make them visible not hide them.

I would not plan to harvest the beans. You
have no claim to them whatsoever at this
point. The realitor needs to settle up with the
farmer on this issue first, or you will be the
one making payments to the farmer, & then
you will need to hound the realitor to get
re-embursed again.....

Rather than get into it with the farmer, I would
direct any of his concerns to the realitor. I
would be sympithetic with the farmer, say you
understand his point of view, but the realitor is
the bad person in all of this, and is the one
that has to make it right with him. I would be
polite & sympithetic.

If very hard push came to very hard shove, you
could be found to be the one in the wrong on
this and could owe the farmer for his 10 acres
of lost income. I would keep that fact in
mind...... (Personally I blame the realitor & not
you, but i'm not the court of law....)

Good luck with this, and the letters might not
be a bad idea at all, but be careful you do not
trap yourself legally on an issue you haven't
quite grasped yet - that ag leases can be a
legal obligation that passes through even on
land transfers. At this moment, you likely have
a legally enforecable contract with the farmer,
& he can enforce it if you treat him harshly.

Consider that in whatever you do.....

I wish you well, keep us informed, and at the
end of the day I'm on your side on this - you
should own the land, you should control it, it
should not be farmed, your trees should be
yours. Your realitor is a really bad one.....
Sheez. Wonder how else he reamed you?

--->Paul

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• Re: UPDATE: dead trees and lush soybeans! DP 21:04:07 06/13/05 (0)

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