OT: dead trees and lush soybeans!

This winter, 4 of the lots sold...mine being one of them. My wife and planted 120 trees 20 feet from the back fence line of our lot. Last week, farmer came in and sprayed round up on the back half of my land (other sold land too) and then no-tilled beans right throuhg the trees. He even planted to within 2 feet of my 630, swerving around it. Trees dead and beans growing on half of my land.

What to do? Maybe miscommunication between developer and farmer? but he could see my driveway and my tractor...had the trees flagged off...who should pay to replace the trees?

Trees were not cheap and neither was the day it took me to plant them. Thanks for your advice.

So, unless the tenant is notified in writing by September 1, the lease continues.

I don't like the sound of that! Landowner can still raise the rent 'til the tenant hollars uncle tho, right?

Allan

--->Paul

I think both are at fault - Seller for not telling Farmer. Farmer for not being smart enough to think that some lots are sold and becasue signs are gone and "hey - what is this driveway and tractor.."

I think the farmer got anxious and made assumptions that some of the new owners wouldnt be using their ground - so why not plant it.

To answer those who say I may have been trespassing with my trees and tractors- That's BS...I have a deed free and clear to property - with no lease provisions.

I will have more info tomorrow.
Thanks for the opionions...

So, these tenent laws were developed that protect both sides - the owner & the renter.

Now, _if_ the farmer was given proper notice then all of this is a moot point, & he is & should be in trouble.

However, if no one gave him proper notice, then yes, you actually are the one in trouble, deed or not. He has the right to farm that land. You or the real estate folks can buy him out of course, and of course the folks who sold it to you are the ones on the hook.

I do not blame you for being upset, but there is a good chance the farmer is the one not at fault here, if we understand this issue correctly.

Again, don"t blame you for being upset about it, I would too, but good idea to direct your amnger at the realitors first, until you find out the story on the ag lease.

--->Paul

If the farmer did not receive proper notice, the new owner had no right to set foot on the property, clear deed or not. At least in our state. I think the laws are pretty much the same in most states.

If the farmer did receive proper notice, that is a horse of a different color, and the farmer is probably in deep trouble. Most farmers know the farm laws, though.

I was involved is a situation, when the owner died and the heirs rented the farm to someone else. The new man had the ground plowed and planted, when I had a lawyer write the a letter. The new man paid me rent for the ground. I did settle for a small amount, just to prove a point.

Neighbor keep a farm two years, when the old owner didn't give him notice, and the new owner didn't give him proper notice the second year. The third year the neighbor had the notice in his hands the first day of January.

Quick Google search, the first state I saw Kansas.

Link

There's more to that story as well. The farmer could have called a tow company to remove the tractor and guess who would be liable for the tow bill?

Yep, you guessed it; the tractors owner.

Allan

Any storage fees from the tow company's lot. :>(

Allan

I'm not tryin' to make an enemy out of ya; heck I don't even know you. I'm just stating how the law reads in these kinds of situations.

Of course you have a deed, free and clear; the land is yours.

But, that doesn't mean that you have right to the land if that farmer had a prior arrangement/lease and he wasn't given proper legal notification in due time.

That realtor/prior owner dropped the ball and you are getting it shoved right down your throat. I'm not saying it is right, I'm just saying that is how it is, if this in fact what happened.

And, I can sure understand ya being upset.

But, now, ya wanna hear the rest of it? It is now up to you (since you are now the new landowner) to get that farmer notified prior to next March 1, or he can do it all over again next year. :>(

Allan

Hate to say it, but the farmer is probably in the right.

If he was not given proper notification of the sale of the land and if this was not done by the proper legal date, he has legal right to farm the land for another year.

In Nebraska, this date is the 1st of March; your area may differ.

Allan

We don't know all of the details; however,if that farmer was not properly notified of the sale of the property, he is fully within his rights and Markuss was outside the law planting the trees prior to the next season.

Furthermore, the 630 tractor and anything else setting there, is tresspassing as it is being parked in the farmer's "field".

Been there done that. That farmer has to be notified.

Allan

In this case, report it, follow up on it, go get him. He did not do his job.

Now, you might want to report it,& start out nice with him, see what happens. However, do not let anything get by. He needs to do a full restore of your property on his nickel. Settle for nothing less. As lots are sold off, he will not be your 'neighbor' for long, so you don't have to worry about making an enemy for the next 25 years.

It is his responsibility, he needs to pay up. You have many laws at your disposal, tresspass, illegal spraying, etc.

--->Paul

1. check abstract or any legal document that would pertain to the rent,lease or seeding of the land.

2. if nothing is there DO NOT DISTROY ANY CROPS YET! hire a land surveyor and wait to see where actual property lines are.

3. Work with the person involved first good comunnication ON PAPER! no phone calls they are heresay. then and only then hire an attorney if you are not getting resolve and you will need PHOTOS! as this season progresses, trying to resolve this in a diplomatic manner first will help when you get to the final stages in court.