questions for oklahomans

samm · #1 07/21/13, 05:48 PM

we bought a house and 60 acres last month in Oklahoma, there were cows on it when we bought it, we asked the man that we bought it from whos they were and he said oh just one of my buddies, i'll have him get them off......even after a month that didn't happen, so last sunday we went over to check it and moved the cows over to the mans 20 acres that we bought it from .....there was a cow who had a bad swolled leg, and we asked a friend from over there if he knew whos cows they were that one needed some attention....anyhow he asked around and found him, the cow owner said that he had leased that land from the previous owner till October.....something we didn't know about......so today we went over to move some stuff, and the gates had been opened up and the cows were grazing the whole acreage....didn't make my husband none to happy, as we were going to heifers on it this fall for weaning....the guy told us he had leased it and wasn't moving his cows, he had grazing rights on it, and if something happened to his cows we could be liable, that he could even stay on the property for 60 days after the lease is up, that he had an attorney, and we could call him......we asked about a lease and he said he didn't have one that a cancelled check is all you need in Oklahoma.....that we needed to learn oklahomas grazing laws......heck fire we did not know there was a lease....he said he didn't want to start out on a bad note, .....alittle late for that, we told him he needed to see the guy that we bought from and he says he leased from and get straight with him....we just wanted his cows gone off our land......basically he said to bad, call his attorney......has anyone from Oklahoma familiar with grazing law stuff have any insight on this.......thanks samm

FarmboyBill · #2 07/21/13, 05:59 PM

Nope. Never heered of sech like. Welcome to Okla LOL. Where ye et?>?

oneokie · #3 07/21/13, 06:04 PM

You should find an attorney in the area where your land is located and ask those questions of the attorney.

samm · #4 07/21/13, 06:06 PM

lol ive never heard it either...I have a signed lease on all our lease land.....we live in texas right now, and our new place is just across the river in Hendrix oklahoma

am1too · #5 07/21/13, 06:24 PM

Quote:

Originally Posted by samm

we bought a house and 60 acres last month in Oklahoma, there were cows on it when we bought it, we asked the man that we bought it from whos they were and he said oh just one of my buddies, i'll have him get them off......even after a month that didn't happen, so last sunday we went over to check it and moved the cows over to the mans 20 acres that we bought it from .....there was a cow who had a bad swolled leg, and we asked a friend from over there if he knew whos cows they were that one needed some attention....anyhow he asked around and found him, the cow owner said that he had leased that land from the previous owner till October.....something we didn't know about......so today we went over to move some stuff, and the gates had been opened up and the cows were grazing the whole acreage....didn't make my husband none to happy, as we were going to heifers on it this fall for weaning....the guy told us he had leased it and wasn't moving his cows, he had grazing rights on it, and if something happened to his cows we could be liable, that he could even stay on the property for 60 days after the lease is up, that he had an attorney, and we could call him......we asked about a lease and he said he didn't have one that a cancelled check is all you need in Oklahoma.....that we needed to learn oklahomas grazing laws......heck fire we did not know there was a lease....he said he didn't want to start out on a bad note, .....alittle late for that, we told him he needed to see the guy that we bought from and he says he leased from and get straight with him....we just wanted his cows gone off our land......basically he said to bad, call his attorney......has anyone from Oklahoma familiar with grazing law stuff have any insight on this.......thanks samm

It appears that he doesn't have a lease. The seller represented no such thing. So either you need to sue the seller for fraud or the owner for grazing. No written lease in this case would be no lease. Unless the seller informed you of such lease there is none unless it is documented in the closing papers. Sorry to hear you have such a legal problem.

samm · #6 07/21/13, 06:41 PM

yea oneokie I am tomorrow

belladulcinea · #7 07/21/13, 07:40 PM

Contact your realtor, get a lawyer. He's blowin' smoke up your dress or at least attempting to.

samm · #8 07/21/13, 08:41 PM

Bella I think so too. Lol

braggscowboy · #9 07/21/13, 10:13 PM

Call the sheriff and tell him the guy is trespassing and to stay off your land or have him arrested. Don't sound like a nice guy. Maybe from somewhere else?

Oldcountryboy · #10 07/21/13, 10:41 PM

Call the Oklahoma Cattle Association and see if they know of any such law. It don't sound right to me. I've always heard that once you buy property the previous owner has 30 days to remove all things including livestock or it becomes yours. But you better check on that first. I might be wrong!

opportunity · #11 07/21/13, 11:03 PM

Lock those gate after you move the cattle back their is not a lease as far as I can see we alway get it in writing even if it's just 5 acre next to us

ksfarmer · #12 07/22/13, 08:24 AM

Yes, you better check with a lawyer. Someplaces a verbal lease is good enough, especially if past history is supportive and money has changed hands. He may be allowed to finish out this grazing season, by law. Your only recourse could be against the guy who sold the land to you and didn't inform you of the lease for grazing.

okiemom · #13 07/22/13, 08:28 AM

if you buy the property and there was no lease mentioned it ends when you close. leans or right of ways or subleased arrangements have to be disclosed when you buy a property.

belladulcinea · #14 07/22/13, 09:04 AM

A lease would need to be disclosed before closing, call your realtor and have her look the transaction up. If it wasn't disclosed there could be some recourse.

ramiller5675 · #15 07/22/13, 03:09 PM

Like ksfarmer said, if there's a verbal lease he might be allowed to finish out the year.

I've got some land leased on a verbal agreement, and if they sold the land I wouldn't be in a very good mood if the new owner just told me to get off their land.

Since I only have a verbal agreement, I know that my rights are pretty limited, but at a minimum I'd expect some sort of refund on my lease payment.

ksfarmer · #16 07/22/13, 04:18 PM

Oklahoma could be different (yep, LOL) but in Kansas a verbal lease must be terminated in writing 30 days prior to March 1st. Otherwise the rent agreement is in effect until March 1st next year and I am allowed to harvest crops such as wheat planted the prior fall. Usually a seller will make arrangements with the lease operator if termination is needed earlier. (i.e. return of any payments).

FarmboyBill · #17 07/22/13, 06:46 PM

Seems like the lease should end upon signing. The lessee would be told he was out. HE would have recourse with HIS lawyer with the former owner. But as I said, What do I know.

unregistered5595 · #18 07/22/13, 06:47 PM

I want to buy land with cows, pigs, chickens, rabbits, gardens, fruit trees, nut trees, and compost piles.
Have a barbeque, invite the neighbors.
(and first call an attorney--talk to your realtor, talk to your title company)

TedH71 · #19 07/22/13, 11:30 PM

Good luck.

Miss Kay · #20 07/23/13, 09:25 PM

I don't know anything about OK but we had a similar problem years ago when we bought a farm in Missouri. When our patience wore off, we opened the front gate and his cows went roaming. He then rounded them up and moved them to his property, not ours. End of story!