Maintenance on leased land

I previously leased 30 acres in the past to the local BTO farmer. Now I have it all in landscape trees. Any large rocks, etc, that showed up, either he or I would pick them up. Whoever got there first. No biggie.

Now I am leasing him different parcel that I dont want to put into trees yet. We have had a verbal lease since day one. Nothing signed, he shows up at Christmas and gives me a check. Same as we had done for years on the other parcel. Well, this new property needs the fence rows cut back and a few big rocks pulled 200-300lbs.
Who should handle the maintanence? Me or him. We get along great, nothing bad. But without a written agreement, who would typically handle it.

On one hand I say the farmer, if he is using it he should maintain it. But, it is my property, and I want to keep it looking nice too.

Any thoughts?
Rick

One little place I lease we work together. Landlord has one or two projects a year and talks to me about when might be a good time and I go help him. Keeps the relationship end of things good. Obviously wouldn't work on a large tract or if I was a BTO and had no time. Landlord buys materials etc. I just bring my labor and maybe some equipment if he needs it.

Ask him to come help u do it explain what needs done... More than likely he will just do it if he is a good person and paying u a fair rate, if he doesn"t do it himself I"m sure he will offer to help u do it. That might build a better relationship for a long term deal. If he refuses find a new renter nothing is in ink...

Those fence rows are good wildlife habitat.

I generally pick the stones and keep the trees trimmed back,unless it's somebody who burns wood and keeps it cut back themselves.
I let a guy pick the stones himself one time as I was seeding it to alfalfa. He and his son in law were out there while I was planting. They missed a few big ones and did some real damage to my haybine,so I don't know that I want to let a landowner do that again.

What is he leasing it for? row crops? Hay? Grazing? If the fence rows need cleaning and are infringing on productive land it seems it would be in his interest to clean them up but the question that occurs to me is how comfortable do you want him to be on your land? I mean does he have use of it year round? I would not want anyone to take it upon themselves to decide what trees or brush to cut or rocks to haul off or anything else that was not part and parcel of the deal.

Rick Kr.,

Our renter picks rock off our land and keeps waterways and ditches mowed for weed control (he also sprays around the perimeter of fields for weed control).

However, we maintain the fence line area - mowing it, and trimming or removing brush if needed. We also keep the field lane mowed.

Maybe your renter would be willing to help out if you ask him - since it seems like it would be a benefit to him too, to have the large rocks out and the brush trimmed back.

Isn't it subjective? You have what seems to be a good working relationship already. Would seem you should just work together, get it so both are satisfied and leave it at that, perhaps letting him know that things related to his use, say ruts or whatever it could be, should be on him if its caused by what he is doing? Keep it simple. I don't mind that work if its caused by someone else as long as its not too expansive, just something that needs to be done, takes a little seat time, who does not like that LOL ?

I worked on rented land for the farmer I used to help, I don't know if there was any details as to maintenance, but we cleared perimeters, fallen, storm damage trees, leveled ruts, graded roads leading into fields and took into consideration that the owner was or could be fussy about things, so I used care when doing this work. Top of one field had a memorial, made sure to stay away from that, other areas were marked as wild life or some other kind of similar designated area, we respected those boundaries and was cognizant of what I was doing when clearing at all times, getting off the tractor and observing the area in which I worked. It was not much of an expense for the farmer, and would last for years. I was careful around trees. We had a guy who was bringing clean fill to another property the farmer owned and he dropped off the dozer as a favor, so I could fix ruts, grade and improve drainage, days worth of fuel, took care of all of that.

Here at our place, I am fussy about trees and clearing. I want to know what is being taken out or how its being done, simply put, I just want to be there, if I am not doing it myself. The guy I used to help, his brother was doing that for him before I took it over and he took out some old buckthorn I wanted left, surely nothing to get upset over, but I wanted it done another way, so had I been there, I'm sure it would have been fine. The branches protuding into the field, I'd have trimmed those, instead of pushing them out.

Adjacent lands are in lease to the large operator in town, and he came out with a wheel loader to knock branches off. I immediately went right out there to watch and let them know please do not damage my posted signs or old fence, had I not been there, may not have been the case, friendly little conversation is all it took, they can get carried away, could have toppled trees and or brush into my perimeter blocking the path, which is not easy to see, of course mother nature does the same darned thing, you can't win LOL !

on my ground i ussually dont mine but last renter plowed out waterway that he knew i didnt want plowed cut trees i didnt want cut but neighbor did on my property no less so be carefull give an inch and they think they own the farm. im more than willing to make the place better and easier for the renter as long as the respect me and my wishes

It would be in his best interest to pick up the rocks, but if he doesn"t it probably harms him more than you. I would expect him to maintain tree lines and fence rows, but not restore them if someone else let them get that way. Ask him though, a lot of farmers will clear fence rows if it benifits them.
Josh

I am thinking like JohnDeerejimohio in that maybe ask him to help you ?
Do you have the equipment to do it ?
Was it his idea as in did he mention it to you or you know it needs done but he had not said anything yet ?
Sounds like you both get along so far. I'd bring it up in conversation. Like you know those trees should be trimmed back some bring your biggest tractor over so we can see how much to take off.
Oh and by the way bring your saw too. I'll meet you there and I'll bring my saw ,loader ,etc.

My renter maintains his fields, I do the rest. If he picks rock he leaves it on the lane and I remove it. Trees fall in the field, I cut them up and sell them or use them. I maintain all the fence rows and lanes and he is not allowed to enter any tree lines except in a couple cross over places. Place down the road rents to him and he asked if he could remove some brush. They came back from a trip and the place was clear cut from border to border. Every fence row and about 3 acres of really pretty woods was gone. You have to be careful or your property values can be seriously harmed by an out of control renter.

One problem we've had lately with clearing fencerows is NRCS gets involved. You have to go to them first before you push anything out or they will kick you out of any government programs you are enrolled in.

i think since its your land you should clear the fence rows and he maintain them while farming it as far as rocks let him pick them up it his equipment not saying if you seen 1 that i wouldnt pick it up but as long as he is farming it i would let him pick them

I lease a number of parcels from 10 to 125 acres. In all cases I use my own lease agreement paperwork that was developed using the internet a number of years ago. The lease paper work covers hedgerow maintenance, crop land use/maintenance, fertilization, spraying, parking equipment, access by other than lessee, insurance, etc.. ..and usually requires an annual update to a land use paragraph or two. When I pay my annual rental fees I usually summarize, in writing, the year's; activities, improvements, problems, etc.. Changes are discussed with the land owner ahead of time and documented with an addendum to the lease paperwork. Interestingly, people are most reasonable, but you have to communicate with them.. I don't take my non-farming landlords for granted.

I take it you plant Christmas trees? If so, do you trim, mow around them?

No Christmas trees. Nursery and landscape. but yes I mow and spray.

Rick

Thanks for all the replies.

The farmer and I have a great relationship. We usually end up talking about everything else but the property or his farm when we meet up.

I think most people replied he should keep an eye out for rocks etc, and I maintain the fence rows. This was never a problem on the old 30 acres because it was part of a 1/2 section with no fence rows. The new parcel he is leasing from me has 3 fence rows, a low spot, and probably a few other things neither of us have found yet. It was part of a larger farm originally.

We had a big windstorm back in November 70+mph winds. That was enough to down a few big dead Ash trees along the one row.

Rick