Land ISSUES - Lawyers advise

[bigfredtn]

If he is going to be stubborn about the two acres, just make it hard for him to access the property. Put fence around the entire two acres of land, just leave him enough room to access the two acres.

Here is a link regarding lawsuits
http://www.monsanto.com/monsanto_today/for_the_record/monsanto_saved_seed_lawsuits.asp
http://www.monsanto.com/monsanto_today/for_the_record/monsanto_farmer_lawsuits_followup.asp
http://www.monsanto.com/products/brands.asp

 

[billspit]

How do you "re-use" seeds?

Coach

You take some of the seed you harvest one year and use it as seed to plant the next year. I strongly suggest anyone not to report a farmer reusing seed if you don't know for a fact they are.

I still like the fence idea.

 

[dipper]

all you newcomers need to read through the whole thread. And that is a lot of fence as NWOhioguy has eluded too. You don't just put up 2000 feet of fence in a few hours, plus he'd have to get a permit, at which point said farmer could point out the lease; bogus as it is. Leave it up to the lawyers and title co. to figure it out.

 

[sirswank]

not helping, but funny....
"full disclosure is the law"

 

[NWOhioChevyGuy]

Sirswank,


Thats just plain funny.....needed that this morning...

 

[bookman51]

I am sure that sign will help the sale of the house!! Everybody wants to buy a house and live next to an a**h***.

Tempting but not helpful.

As they say, never get into a mud wrestling contest with a pig. You are not going to win, and the pig enjoys it. Let the lawyers and title folks figure it out.

Bookman

 

[Super6]

That link was last page bigfredn, #426.

 

[bigfredtn]

Thanks, I will remove it.

 

[Coach James]

I understand about keeping seed to use next year. When I read "Reuse seed", I took that to mean using seed twice.

Coach

 

[chaingang]

all you newcomers need to read through the whole thread. And that is a lot of fence as NWOhioguy has eluded too. You don't just put up 2000 feet of fence in a few hours, plus he'd have to get a permit

I've read the entire thread and in fact have made several comments. Actually that amount of fence can be put up in a short period of time. A long weekend if you have a friend or three help. It all depends on the type used. Stranded barb wire or even barbless with metal posts goes relatively quickly. The time killer is building solid corners to stretch from. Even so it could be done and is still not that expensive relatively speaking. Permits...Permits.... We don't need no stinken' Permits. I don't know of any rural agricultural area that would require a permit to put up a livestock fence. Been there, done that.

 

[lh4x4]

Once the fence is up send the farmer the bill for have of it. Around this country each farm is responsible for half the fence. If he doesn't pay take him to small claims court.

 

[Brad54]

Once the fence is up send the farmer the bill for have of it. Around this country each farm is responsible for half the fence. If he doesn't pay take him to small claims court.

Oh I like that... that'd be sweet.

Brad

 

[chaingang]

Once the fence is up send the farmer the bill for have of it. Around this country each farm is responsible for half the fence. If he doesn't pay take him to small claims court.

That only works if you put it on the line. If you put it just inside your property line then the neighbor cannot attach to it. Not sure if you could actually sue for half the cost anyway. Usually if you have a good neighbor and you discuss a fence you will just split the cost. If not then put it up as I suggested. By the way. We are not suggesting you fence the entire parcel. I would just fence the border of his property. It can't be 2000 ft for just a 2 sided area that is only a couple of acres. If the lease doesn't spell out a specific unimcumbered access I still say a gate with a key offered to the farmer is a legite answer to the problem without breaking the lease. I wouldn't build on it though until he decides to settle the matter.

 

[lh4x4]

In farm land fences only go on the property line. Not like zoning rules in city. The need for a fence of farmland can be a unilateral decision but the obligation to pay half was settled by courts in the last century. A gate in the field area is not indicated. The farmer my have to go down the road to access from the drive way. It does not have to be convenient.

It is my nature to not get even but to get ahead. I've done it well over the last 68 years.

 

[chaingang]

A gate in the field area is not indicated. The farmer my have to go down the road to access from the drive way. It does not have to be convenient.

Driving a large tractor with equipment through a gate to farm only two acres is not going to be convenient no matter where it is located, field side or driveway. But I like your thinking. You really wouldn't have to install the gate. Just put up the posts about 14 ft apart so that you could use a standard gate later. Heck I would even put an opening in the front corner and one at the back so he has an in and out. Then tell him you were trying to be considerate about his access to YOUR PROPERTY while running his equipment. Try to do this without laughing though.

 

[Tech Guy]

Any updates Ohio ?

 

[NWOhioChevyGuy]

Things have been moving forward since I got the state agency involved.

Survey has been completed and Appraisal is being finished, I have not seen a copy of it yet but the state gave them a deadline of the 1st of April, so won't be long now until the next step is complete.

The state is definately pushing the issue and taking our side on the lack of movement by the Title Company. All correspondence to the Title Company have been very blunt and to the point from the state, providing deadlines for each and every response. This makes the progress ALOT faster, as the next step is not an open ended "we are working on it" type of thing.

The best part about it is the state is getting things done and it does not cost me a dime. Their lawyers will review the information and provide a opinion once all information is collected.

Yes, my lawyer is getting copied on all correspondance and is still involved, but I'm not looking to spend the big $ when I know that the lease is not going to go away. Michigan realestate law has already shown that it is legally binding to me and the farmer as written.

I hope to have an acceptable settlement by the end of April.

 

[Tech Guy]

Keep us up to date. Its been interesting to say the least so far ?

 

[Seer]

ok this is THE BEST, OR AT LEAST the MOST INTERESTING thread I have read--

Now I am only on page 18 but as of yet I have not read where there is a precedent--another case like this and how it was settled--that is huge in court--huge. Have sleepy lawyer look that up and see what can happen if you break this lease. That lease does not deny you access to your land. I truly believe that a recent judgement on a similar case will prevail--hopefully there are no cases favoring him. Also he was offered to get plenty of money for his lease--not a reasonable person. Now here is what lawyer needs to find--a case like this not just breaking a lease although that's a start, better if he finds a like manner case. ok now i did read everything hope this works out for you!

 

[Lookin4'67Galaxieconv]

bump

 

[Tech Guy]

Thats right its past April 1st. So what happened with the title company as that was their deadline I beleive.

 

[1redTA]

chevy guy did they April fools you? Man hang in there, I hope that the right thing will be done for you.

 

[Tech Guy]

No info yet ?

 

[NWOhioChevyGuy]

I have not heard anything back yet, I am going to email the state office this afternoon and my lawyer to see if they have heard anything.

Yes the deadline was April 1st.

 

[ovilla]

I really like the fence idea. It's still very much your land as you're paying taxes on it during the full duration of the lease (just like any landlord would have to do). Anyway, there's nothing to stop you from doing "improvements" such as a fence around YOUR property line. Heck, even your neighbor could decide to put up a fence, right up against your property line. Keep in mind that you are still not prohibiting him from farming, especially if he is given a key to the gate.

I don't think there was any language in the lease about your denial to the property during the lease period and like any landlord you can gain access to the property for inspection or improvements.

 

[Titus]

ChevyGuy- I have been following your story since the day I joined this forum (about 8 months now), and I really hope you get a resolution soon so you can start construction on the Pole Building. Good Luck!

Ovilla- As others have said, the big problem with fencing the land is cost. 2000 feet of fencing will cost a bunch, even with the cheapest of fencing solutions.

 

[Scotto]

Wow, just read through this whole thread.

This has been a learning experience for us all!

Good luck on the outcome. And I hope it's SOON!

 

[NWOhioChevyGuy]

Another step has been completed, I talked to my lawyer on Friday and he informed me that the Title Company has finalized the appraisal paperwork.

They want us to provide an affidavit stating that we knew nothing of the lease at closing. DUH, if I knew of it I wouldn't be going after them and they would of had it in the closing documents.

I suspect to see a settlement offer soon, we will see what they come up with $$$ wise. I don't even have a clue what they will offer, language in the policy makes me believe it will be a pittance.

We will see.

 

[nissan_crawler]

good luck. I hope it works out. IF not, I like the fence idea. You're not stopping his access, just give him a key. If he doesn't lock the gate, lock it behind him every time. If he has to keep a key and unlock a gate, and drive equipment around in a tight circle to do 2 acres of land, he'll quickly decide it's a waste of his time.

Frankly, I can't believe he's been a little ***** about it. 2 acres isn't worth a drop of piss in a bucket to a farmer. We had washouts that took up more acres than that in one field.

 

[AffableCurmudgeon]

Good luck, keep us posted.

 

[Brad54]

Use the settlement from the title company to fund the fence.

-Brad

 

[Tech Guy]

Keep us posted-it is interesting

 

[volvo]

.
.. If you have them by the B$#ls...Squeeze, otherwise they think they just have tight pants .

 

[NWOhioChevyGuy]

I'm hoping the settlement will fund the shop build, however I don't think it will be enough for the whole project, it might get it started.

 

[Coach James]

Does the settlement mean he will then own the land, you will still own it, the bank will own it or the title company will own it?

Coach

 

[Flathead Youngin']

the only fair amount would be to pay for the farmer's loss of revenue (buy out the lease) AND compensation for the owner not being notified of the lease agreement prior to purchasing the land....

title company screwed up.....i hope they pay dearly as much as they charge for services.....

 

[Jaguar Fan]

...title company screwed up.....i hope they pay dearly as much as they charge for services.....

It wouldn't surprise me if the title company spends more $$ on professional fees for the surveyor & appraiser & attorneys to draw up settlement offer than the actual offer itself.

 

[NWOhioChevyGuy]

That is my concern, also Jag. I feel like they have spent my settlement, figuring this thing out.


I will still own the land but the lease will be intact. My understanding is it will be a cash settlement for me being uninformed about the lease at closing, the value is set by the difference in the value of the property with and without the lease intact.

 

[W-Cummins]

I hope I'm wrong but, my bet is that you will get a nice low ball offer from them Ie. the amount of the lease payment and a $500-1000 "go away and piss in the wind payment".... Then your worthless lawyer LSRN attorney at law ( AKA the Limp Soggy Ramen Noddle) will say " Gez... that isn't too bad... we should settle, and BTW here is my bill for $1000....."

William....

 

[1991Syclone]

In addition, make sure you follow building codes to the "T" and get all permits for your garage. After this, you can bet he'll be trying to make sure everything gets inspected properly.