Rented new ground and it still has beans on it

BryanG · Mar 30, 2015

I got a question about soybean are they mine for the combining or wait for prevous owner to get them? I rented some new ground this year and already payed half up front. The land still has a vary good crop of soybeans on it still from last years renter, their are lots of beans still on the stalks and theirs 55 acres of them. Is their a date I have to wait for before their mine or do I have to wait for as long as I can before I can combine them, I would really hate to let them go to waist. The owner told be to go do them but I just want to make sure.

stonerock · Mar 30, 2015

the date is made up by the renter for the owner to sign mine reads dec 31 end of contract

rrlund · Mar 30, 2015

I'm not a lawyer,but they might belong to the landowner now if anybody wants to get technical about it.

oj · Mar 30, 2015

If you have a written contact to rent the land it should give a date of start and finish, even if it is only from a month to another month of any year... If you are past the start date be it a date specifically or the month of start then I think ground would be yours to do as you see fit... If you have nothing in writing I would go to the owner and get something just to be on the safe side, that way the previous renter would have to take it up with the owner not you.

paul · Mar 30, 2015

Is there any connection to the previous renter, you or the landlord? Be interesting to get his point of view on it, but I'd be scared to knock on his door too.....

I'd be careful, I don't know how that sorts out...... Could end up you get custom harvest rate for combining, and previous tenant gets the bean value if push comes to shove.

Common here to work with the previous fella to get things done if he had a bad fall, but it agree you can't hold up panting waiting for a deadbeat situation.

Paul

farmerwithmutt · Mar 30, 2015

On mine you have to give the previous renter so many days before you can rent to somebody Without giving him so many days you might not be actually able to rent the ground. Check and see what the rent contract from last year says .

paul · Mar 31, 2015

Wow, between my spelling and my auto correct, sorry for that, think you can make it out. Best to work something out as they aren't really your beans, but shouldn't be holding up your -planting- time either.

As the other mentioned, some states have notification laws, the other guy needed to be notified in September or 30 or 60 days before he actually loses the ground, so be careful if you are walking into an 'angry' situation..... Depends on the state and size of field and other details.....

Paul

farmerwithmutt · Mar 31, 2015

Thinking on this you can compare this to renting a house you can't simply start renting to somebody else without the correct process.
One trick that was used around here was to plant winter wheat one guy had a new renter ready to go who was willing to pay more but he had to rent to the previous renter.my rental contract is three pages .

Tramway Guy · Mar 31, 2015

If they were YOUR beans, what would you want to happen? Always look at it from the other guy's viewpoint to start with.

Dave H (MI) · Mar 31, 2015

Here are the things I do not understand:

1) You never looked at it before you leased it so you did not know there was a crop on it and that is why you did not get it clear up front what was happening with the beans?

2) The former tenant cannot be called on the telephone to get a time frame on harvest? Maybe he is ill or has equipment issues. Maybe you could work out a split if you take them off? Maybe he has no intention WHATSOEVER of coming back and you could find this out now and get things in gear. It all starts with a phone call.

Farming is a business. Get and keep your paperwork in order. Call people up and conduct business. I know this comes across as really harsh and I apologize, but push the keyboard aside, pick up the phone and find a resolution. Then come back and tell everyone what happened.

Dave H (MI) · Mar 31, 2015

This last property I bought had a nice young guy renting it. No paperwork whatsoever. I let him stay on the place for a couple years transition but he seemed to plant wheat more often than before and would do things in the fall that pretty much obligated me to let him stay the following year. Not stupid, this kid. I had to get his signature on something that spelled out that he could not do anything that would extend his lease without written permission from me. No wheat, no fall tillage or applications of anything. Last year I gave him the bad news, but at least we parted friends so I can have him back if my situation should change.

formenwhogrow · Mar 31, 2015

Why are you in such a hurry to combine somebody else's beans? They aren't yours, you didn't plant them. You just rented the ground they're planted in. Get in touch with the guy who planted them and see if you can set up an arrangement so he can get his beans off before you plant.

Traditional Farmer · Mar 31, 2015

Any land I've ever rented when the ending date for the lease was up that was it for me there,
can't imagine anyone being stupid enough to leave a crop on a piece of rented land they knew they weren't going to rent the following year.

BryanG · Mar 31, 2015

His date for land contract was up on 1-1-15. I have called an so has the land owner many times an neither of us can get ahold of him. Also this isn't the only ground this guy has beans still standing on theirs probably 120 acres still standing but he did open two of the fields up last fall but then left an never came back. He also has some corn standing but this isn't the first time he has left a crop stand and not harvest it, its a on going thing every year. A fellow farmer said his combine the heads an grain cart are all sitting at home. Ive stopped an left a note an business card but no call back.

BryanG · Mar 31, 2015

The previous renter didn't have a signed contract at all just a verbal agreement that his rent time would be from first of the year to the first of the year. I have a two page contract that covers me and the owner so im good. The owner only has a year to year lease agreement with this guy an no written contract. Im just wondering an not in a rush just never had this come up or happen before.

farmerwithmutt · Mar 31, 2015

Just a thought what does his banker have to say? It might be the bank is putting the squeeze on him. Could there be a lien against the crop? I remember once buying property and there was item's left and I had to put a notice in the paper to take them or leave them if you gave a notice in the paper that after so many days you were going to harvest the crop if he didn't contact you that way you can say you gave fair notice that you did the best to contact him

glennster · Mar 31, 2015

i would send the guy a registered letter return receipt required and notify him that his contract on the land is expired and you will be taking over farming operations. advise him in the letter that the crop is still there and needs to be removed by x date. if not you will take the crop off and bill him for the harvesting and storage. make copies of everything. get it in the mail asap so you can start spring operations on the ground. he may just leave the crop as long as he can because he lost the farm contract. cya.

oleclint · Apr 12, 2015

Several yrs. ago, in Ill. the landlord had to notife the tenent by a date in Aug, or Sept., that the present lease was being termaited. Same for the tenent letting the L L know that he did not want to rent it for the following year. If no notice was given , last yrs tenant will own the beans and he can farm the place one more yr.
I was involved in a deal like that with several "Uptown business men "That thought they knew how to get me off of the farm.They were very surprised when I told them I was planning on farming the place for another year.They forgot to notify me the prievious fall! It cost them several bucks when it was all over. clint

Rented new ground and it still has beans on it

BryanG

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stonerock

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rrlund

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oj

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paul

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farmerwithmutt

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paul

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farmerwithmutt

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Tramway Guy

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Dave H (MI)

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Dave H (MI)

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formenwhogrow

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Traditional Farmer

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BryanG

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farmerwithmutt

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glennster

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oleclint

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