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Tractor Talk Discussion Forum

Dead trees and soybeans

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Markuss

06-15-2005 09:27:26




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I see there was some good advice in response to my last post...I called the farmer last night.

Here is what I found out...need to know where to go from here.

First this is Ohio.
Seller never tells farmer when any of the land there is sold. Farmer gets most info from realtor and in my case the realtor never told farmer my land was sold. If this is the case, the farmer should have known to ask before planting. Regardless, the farmer has a clause in contract that he gets back his lease money if the land sells after he pays. He also gets back any expenses if he cant harvest a crop due to land selling after planting.

The farmer offered me $60 per acre for rent if he could harvest the beans this year. I have intentions of planting clover in the fall, so I think I will pass since the beans wont be combined by then.

It seems the farmer will deduct his rent payment and his expenses from the amount he owes the seller.

I think this is all a big miscommunication on everyone's part, but mine! Farmer should have known to ask, especially since I had a tractor and driveway on the lot. Seller (millionaire) should have told farmer. Realtor should have ensured he told farmer too...

Your thoughts?

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John e.c.MI

06-16-2005 05:28:00




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 Drop it and let him farm it for the year. in reply to Markuss, 06-15-2005 09:27:26  
I live 80 miles north of Detroit and developement is happening everyday here. If the land is leased the farmer has crop rights for that year, period. If you don't want to renew the lease after that and you are the new owner that is up to you. Why should I spend half an hour or half a day trying to figure out who's tractor is parked in the driveway if I have a lease on the land? If there was no lease then the farmer should not have assumed anything and you owe him nothing other than making a potential friend or enemy. Remember that when you get your tractor stuck and need a pull.

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Sid

06-15-2005 16:15:19




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
" I think this is all a big miscommunicatio on everyones part but mine! Farmershould have known....Seller(millionaire) should have... Realtor shoulkd have...." Well it seems you have covered everybody elses "should haves" but your own. It is hard for me to think that there were no signs that this land was being farmed when you looked to buy it. Perhaps you should have asked more questions. I feel you should have talked to the farmer long before now. As I remember you have had some negative things to say about him in earlier post so it seems you knew who he was. Life will go much better if we learn to stop "should having" everybody else and looking to what we can be doing to improve the situation. It is my opinion(you did ask for thoughts) that taking the farmer up on his offer would give you a little cash that would go aways in getting you clover established. It would create a good relationship with the farmer that will far exceed the dollar amount. I know I should have kept my mouth shut but you did aske for thought so these are mine.

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Midwest redneck

06-15-2005 16:10:27




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
It is always better to have a friend for a neighbor instead of an enemy, sounds like the farmer can reason this out too. good luck



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Davis In SC

06-15-2005 13:46:13




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
If farmer seems to be OK, I think I would let him harvest the beans. You would be making a friend, rather than an enemy.....



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Galen

06-15-2005 12:53:29




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
Glad to hear you are getting somewhere! I agree that it SHOULD have sent up a red flag to the guy when he saw your tractor setting there (and a new driveway). I sure would have asked (but I'm a little abnormal, anyway!). Good luck!



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Lou

06-15-2005 11:01:11




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
The way it should go is you talk first shoot second.In this case shooting is calling a lawyer.I know I felt better when I read you called this farmer, I bet you felt better too.good luck Lou



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paul

06-15-2005 10:44:18




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
The seller & realitor you have there are real pieces of work. They are basically trying to steal from both you & the farmer.

I see the farmer as a businessman who is living up to his end of the contracts he has and is getting jerked around as much as you are.

--->Paul



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VADAVE

06-15-2005 10:40:31




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
Let's go over what you wrote--"gets his money back if sells after he pays" and "gets his expenses if sells after he plants". Then "he is going to deduct rent and expenses from what he owes seller". Sounds to me like he had yet to pay rent and the land sold before he planted, I would guess the seller thought he wasn't renting it this year.
If I remember beans come off the field before corn--or at least it does around Fort Wayne In. What I don't know is when that is. But if it is say October you should still be able to plant wheat. But you say I don't want to plant wheat.
Here's some suggestions. 1) Rent the ground to the farmer this year and next. $60/ac isn't bad.
2) Have him no-till wheat and and the grass/clover mix with in the fall after beans. No-till wheat is coming on strong and it does work.
Remember you will have no crop the first year you plant the grass/clover. But the wheat will give a cover crop to get the clover started and give you a return next year (rent). Following yeat you get a hay crop right on schedule.

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Coloken

06-15-2005 10:14:54




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
I'm one of the guys that gave you such a hard time. Now I give you a pat on the back. For talking it out with the farmer. I hope both of you burn the realtor and seller for all damages. They were/are real sloppy. There are lots of things that can go wrong. One that happened here was land had chemical on it several years befor so it would not grow beans (eatable kind) and several other things. Seller never told buyer, H--- of a law suit. All ways best to hold temper and not do any thing to fast...I know, hard to do until you get to be an old f--- like me. Good luck and may you injoy the country,
Kenny

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Chad Franke

06-15-2005 09:59:12




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 Re: Dead trees and soybeans in reply to Markuss, 06-15-2005 09:27:26  
I would have to say you are not at fault, other than maybe not asking the right questions (current use of land) but that's more common than you would think. The farmer is definitely NOT at fault. He had a lease specifying he was to be notified of land sale. Your tractor could have been broken down, parked while you got parts, or just trespassing. Don't blame the farmer, he's now a neighbor and did nothing wrong, blame the realtor and owner.

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