Re: UPDATE: dead trees and lush soybeans!

Posted by Paul in Mich on June 14, 2005 at 15:50:27 from (205.188.117.66):

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

Markuss, Your situation isn"t as unique as you may think. There are a lot of farmers who rent ground and after the ground has been sold is left in the dark by the original owner or the realtor. On one hand I would think that someone who farms rented land, especially that land which has been subdivided into separate parcels would be on top of any parcel which had been sold, however, sometimes he is not informed that it has indeed been sold and continues to farm it as he has in past years. Obviously he isnt paying rent on that parcel you bought so my suggestion to you is that since after the infringement was discovered and you were reimbersed for the trees which were either killed by spray or ran over, then you could probably forbid the farmer from harvesting the beans which he planted. However, a more neighborly thing would be, providing that you arent going to build or improve the property in the meantime is to offer to take 1/3 of the crop share and llet the farmer have 2/3 as though you rented him the land yourself. One thing you cannot do, and that is if your property is the only access to the other land he has planted, you cannot deny him access to the other parcels, and the real estate agent should have told you so. As land owners sell off frontage, it sometimes leaves the back side of the property isolated, which tells me that zoning officials are asleep at the wheel. Access to that isolated property must be accounted for either by right of way or a communal access road. If not, you better check your deed as you may just be the guy who must by difinition provide access. While i can sympathise with your dilima, it does not make the farmer a S.O.B. I"d say that the realtor is more to blame for the situation as he or she is the one who is supposed to be the expert in such matters. I almost drilled over some small trees this spring for the same reason, except for the fact that the guy who planted them had them well marked and the area cardoned off. YOu may have prevented the same by placing visable and obvious barriers around the area you planted your trees. The last thing I would suggest is that the farmer was purposely cheating the property line or purposely infringing on your land, and while you may be highly upset, I"m sure there is some way you and the farmer can come to a fair and amicable agreement as to how to deal with the beans already planted. He can be a good neighbor and so can you.

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