Farm lease question

Erik Ks farmer · Feb 28, 2012

landholder contacted me about farming some ground 1 mile from home, the family has a bad reputation for not paying bills, so I offered to cash rent. She accepted my offer then I was drawing up a written agreement and did a search on the register of deeds to get the legals. I found that there is a warrant out for her arrest. I would like to farm the ground, but that threw up a red flag. I assume that IF I enter into a writen lease agreement to cash rent the land I will be protected. Curious as to your opinions on this one

Roy Ward · Feb 28, 2012

Run Away

Jim SC · Feb 28, 2012

Not an expert, but I would investigate, and a proposed contract will give you that opportunity. If you find any questions unanswered, STOP.

Opinion only.

Dave Sherburne NY · Feb 28, 2012

New a fella once who rented a farm to put his young stock on. When the sheriff came to pick up everything the bank held a claim on the young stock went with the sheriff. Never got them back.

Old Bob · Feb 28, 2012

I wouldn't pay in advance. Pay after crop is harvested.

L B · Feb 29, 2012

I 2nd the motion Run Away, you can find more ground.

JDseller · Feb 29, 2012

Eric you are mixing apples and oranges here. Just because she has a warrant out for her arrest does not mean that she can't sign a valid contract such as your rental agreement. A warrant can be for many reasons. Some as simple as unpaid speeding tickets.

As long as she is the owner of the property and the deed on file at the court house shows this, then the contract would be good. The only thing that could cause issues is if the property was in foreclosure. Then different rules apply. The lending institution is the legal owner in that case.

I would rent it if it where me. Land that close is hard to come by. If you want to be sure then just ask your lawyer about it. His recommendation is the advise that would count. Not a bunch of non-lawyer layman opinions.

NY 986 · Feb 29, 2012

Get a lawyer to check the situation out ahead of time and also to write a contract. I have heard of too much funny business when farmers get involved in these kinds of situations. If grain is to be stored on the landlord's property then I would want that acknowledged on paper, too. These people you are talking about may be good people having a stretch of bad luck but there are individuals out there just waiting to put the screws to people, too.

big jt · Feb 29, 2012

I second the motion on talking with a attorney.
Tell him the full story as you know it and have
him draw up the rental agreement. Most attorneys
use a off the shelf rental agreement that is drawn
up by the bar association of your state. You just
cross out or add things as is appropiate to the
case at hand.

I don't think I have ever regretted spending money
with competent legal counsel (unfortunatly I am
currently dealing with a incompetant attorney in
ND but that is a story for another day). If you
are the one paying the attorney directly he is
working for you and looking out for your best
interest.

jt

Mike (WA) · Feb 29, 2012

If grain is to be stored on their property, you'll need a doctor, as well as a lawyer. To get your head examined.

I'd offer to pay half of cash rent up front, other half after the crop is harvested, if she'll stand still for it. Then, she's got an incentive to keep her little darlin's and their 4 wheelers out of the corn field.

NY 986 · Feb 29, 2012

I've heard of all kinds of arrangements especially the last few years in the quest to pick up ground. I have no doubt some things have been done to keep the tax people in the dark, too. If it is like around here the kids will be out with the ATV's, 4 X 4 pickups, etc. anyways and momma will still expect to be paid whatever she thought she was originally due regardless of the mayhem the kids may cause. If it were me I would even go through the step to check records that shows all equipment to be used at that neighbor's belonged to me. I've seen some pretty bold bullplop done to test a tenant's willpower. Hand tools would come home every evening with me regardless of the inconvenience.

Farm lease question

Erik Ks farmer

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Roy Ward

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Jim SC

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Dave Sherburne NY

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Old Bob

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L B

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JDseller

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NY 986

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big jt

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Mike (WA)

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NY 986

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