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12/14/13, 12:50 PM
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Join Date: Mar 2012
Posts: 627
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Lease issues need to vent.
I lease a 7 acre hay field that also has two small sheds on it as well as to animals holding pens. The access is though an easement on the road that is less then half on the other persons property. Turns out that the easement allows the guy next door to use the property (this includes him running though the fence and not allowing me to fix it this fall). The guy keeps blocking my access by parking in the road and someone keeps turning on and off the irrigation water. My landlord made the guy stop parking in the driveway but then rented for free parking spots to him and the use of the sheds. I feel ripped off I have spent a great deal of money trying to keep the place so I could run animals including $600 for fixing the fence that the person next door removed last fall. Do I have any recourse other then just being mad that I spent money on a place that I can't use half the time. I know the guy next door steals anything I leave over there and I suspect he is the one letting my animals out though he only called me one time in the past to tell me he chased them onto the highway. 
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12/14/13, 01:00 PM
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Join Date: Sep 2008
Location: Central Illinois
Posts: 581
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Can't offer much advice other than you may just have to cut your losses and find another, better lease somewhere. It reminds me of a situation we were in. We leased land for our horses in exchange for cleaning the place up and making repairs as needed. A horse trader (the bad kind) lived next door and would get in and mess with my horses all the time. The final straw was when he roped my best mare, causing severe burns to her back legs. She couldn't walk for a week and I had to hand carry all feed to her. I caught him coming out of the pen with the rope, but he never would confess to what exactly he did to her. I had the police on my side, but the guy was sly. I was never able to catch him on video, just caught him leaving my pen a couple of times as I drove in, and he would conveniently disappear. Long story, short, we later found out that he had wanted to lease that property for years, but the owners couldn't stand him and refused. In his evil mind, he figured either a) if he couldn't have the land, he'd make sure no one got it or 2) if he discouraged me enough in my work, I would leave and give him another shot at the land. It's a lousy prospect, and eventually I moved on anyway. In the long run, it's sometimes worth it to cut the losses and start over.
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12/14/13, 01:09 PM
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Join Date: Feb 2009
Location: WV
Posts: 3,268
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Get the heck out of there life is to short to be stressed with this kind of crap.
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12/14/13, 01:17 PM
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Join Date: Sep 2005
Location: Ohio
Posts: 19,350
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If you can't use it why are you paying for it? Cut your losses and move on taking everything you put in that can possibly be removed.
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12/14/13, 02:25 PM
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Join Date: Mar 2012
Posts: 627
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I had to pay for the year so it's mine until May 1, 2014. At that point I may have found something I can use. I do get nice hay off of it but it costs almost $100 a ton to make that hay and I could buy it for $130 here and not have to work my tail off watering it and haying it. I just wish I could use it this year since it's paid for. I had tried to come up with another lease but it didn't work they leased to someone else. Not many leases here might just make a go on what I own. (I have two places for 14 acres total)
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12/14/13, 03:04 PM
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Join Date: Dec 2008
Location: north Alabama
Posts: 10,818
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Raise skunks.
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12/14/13, 03:14 PM
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Join Date: Jul 2011
Location: South Central Missouri
Posts: 797
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Quote:
Originally Posted by Harry Chickpea
Raise skunks.
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Start a large hog operation.
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12/14/13, 03:32 PM
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Join Date: Jun 2002
Posts: 5,240
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Why would the lease end on May 1? That is an odd time of year for a farmer to lose the lease on his land!
By May 1st, a lot of crops are getting planted, so if you would be say planting soybeans, you would be able to plant them but not harvest them.
What exactly does the lease say? You should have had it written in the lease that you were able to use all the sheds and buildings - even if you didn't want to, it prevents the landlord from doing what exactly happened here.
At this point, all you are using it for is the animals. You could cut your losses and get rid of the animals, but you will have to pay for the lease until May 1 regardless.
You need to start looking NOW for places to rent. Are there any old retired farmers that don't work their land, that you could rent their barn and land for crops?
Put ads in the papers, and let everyone you know what you are looking for. And if and when you find something - make sure the lease covers all kinds of things that could come up.
__________________
Michael W. Smith in North-West Pennsylvania
"Everything happens for a reason."
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12/14/13, 03:47 PM
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Join Date: Sep 2005
Location: Ohio
Posts: 19,350
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Does the lease give the neighbor the right to use the land? If so were you aware of it before hand? And even so, if the neighbor is making using the land impossible I seriously doubt the landowner would be able to win if they decided to take you to court. Document, document, document and if necessary then leave before the end of the lease.
If it's not in writing it's not legal.
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12/14/13, 04:26 PM
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More dharma, less drama.
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Join Date: May 2002
Location: Texas Coastal Bend/S. Missouri
Posts: 30,490
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Do you have a written lease? Have you visited with the landlord about the problems? Not enough info.
__________________
Alice
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"No great thing is created suddenly." ~Epictitus
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12/14/13, 04:45 PM
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Join Date: Dec 2002
Posts: 4,624
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Sometimes you just have to cut your losses and this might be one of those times.
I think it's not a bad idea to figure out how much of what you want to do you can do with the land you own, and cut out all of this aggravation.
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12/15/13, 08:33 AM
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Join Date: Mar 2005
Location: Bartow County, GA
Posts: 6,780
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Read your lease!
If it states you have the right to the sheds and parking and the landlord has now rented the parking to another person (do I have that right?). He has broken the terms of the lease and you have recourse - If you've paid in advance, take him to small claims court.
Post no trespassing signs all around the property's edge. Helps when you call the sheriff. I'd also start a journal of all the things happening & when with the land and your stuff. Never know when it may come in handy. Become very proactive in all you do but don't overstep.
If it ain't written - you have no recourse.
__________________
Only she who attempts the absurd can achieve the impossible
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12/15/13, 09:04 AM
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Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
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Quote:
Originally Posted by opportunity
I lease a 7 acre hay field that also has two small sheds on it as well as to animals holding pens. The access is though an easement on the road that is less then half on the other persons property. Turns out that the easement allows the guy next door to use the property (this includes him running though the fence and not allowing me to fix it this fall). The guy keeps blocking my access by parking in the road and someone keeps turning on and off the irrigation water. My landlord made the guy stop parking in the driveway but then rented for free parking spots to him and the use of the sheds. I feel ripped off I have spent a great deal of money trying to keep the place so I could run animals including $600 for fixing the fence that the person next door removed last fall. Do I have any recourse other then just being mad that I spent money on a place that I can't use half the time. I know the guy next door steals anything I leave over there and I suspect he is the one letting my animals out though he only called me one time in the past to tell me he chased them onto the highway. |
I think you do. Do you have a written lease? If not you really don't have a lease. If you do he's double leasing. I'd think that is against the law.
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12/15/13, 09:11 AM
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Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
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Quote:
Originally Posted by Wolf mom
Read your lease!
If it states you have the right to the sheds and parking and the landlord has now rented the parking to another person (do I have that right?). He has broken the terms of the lease and you have recourse - If you've paid in advance, take him to small claims court.
Post no trespassing signs all around the property's edge. Helps when you call the sheriff. I'd also start a journal of all the things happening & when with the land and your stuff. Never know when it may come in handy. Become very proactive in all you do but don't overstep.
If it ain't written - you have no recourse.
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Not quote exactly true. Money has exchanged hands over some agreement which is proof of said lease. Proving the terms may be another issue. But preventing access is revoking the lease.
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12/15/13, 10:13 AM
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Join Date: Dec 2008
Location: Tennessee
Posts: 8,294
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Disk it up and sow it in Johnson Grass 
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12/15/13, 10:51 AM
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Join Date: May 2002
Location: Back in the USSR
Posts: 9,961
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Quote:
Originally Posted by redgate
Can't offer much advice other than you may just have to cut your losses and find another, better lease somewhere. It reminds me of a situation we were in. We leased land for our horses in exchange for cleaning the place up and making repairs as needed. A horse trader (the bad kind) lived next door and would get in and mess with my horses all the time. The final straw was when he roped my best mare, causing severe burns to her back legs. She couldn't walk for a week and I had to hand carry all feed to her. I caught him coming out of the pen with the rope, but he never would confess to what exactly he did to her. I had the police on my side, but the guy was sly. I was never able to catch him on video, just caught him leaving my pen a couple of times as I drove in, and he would conveniently disappear. Long story, short, we later found out that he had wanted to lease that property for years, but the owners couldn't stand him and refused. In his evil mind, he figured either a) if he couldn't have the land, he'd make sure no one got it or 2) if he discouraged me enough in my work, I would leave and give him another shot at the land. It's a lousy prospect, and eventually I moved on anyway. In the long run, it's sometimes worth it to cut the losses and start over.
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A similar low life was in the process of trespassing by opening a gate when he looked up and saw the barrel of a .270 aimed at him by the owner of the property. He closed the gate and backed away.
Luckily for him he didn't die in a hunting accident that day.
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12/15/13, 11:24 AM
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Join Date: Dec 2008
Location: north Alabama
Posts: 10,818
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Quote:
Originally Posted by Sawmill Jim
Disk it up and sow it in Johnson Grass |
Don't forget the Canadian Thistle. 
__________________
George Washington did not run and hide.
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12/15/13, 11:54 AM
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Registered User
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Join Date: Dec 2013
Location: Northeast arkansas
Posts: 718
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Salt the earth and move on. 
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12/15/13, 12:00 PM
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Join Date: Jul 2011
Location: South Central Missouri
Posts: 797
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Quote:
Originally Posted by Sawmill Jim
Disk it up and sow it in Johnson Grass |
Mix that with some Sericea Lespedeza....
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12/15/13, 12:30 PM
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Join Date: Nov 2013
Location: ARIZONA
Posts: 299
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Quote:
Originally Posted by Alice In TX/MO
Do you have a written lease? Have you visited with the landlord about the problems? Not enough info.
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I agree. Depending on the lease & the tonnage of hay does the $30/ton off set the lease cost?
Other than that checking State Laws pr with an Attorney.
__________________
"Contempt prior to investigation can leave a man in forever ignorance"
My paraphrase from a Herbert Spencer quote.
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