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The nerve of some people

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Dave from MN

04-16-2008 05:16:26




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My neighbor behind me informed me last night that a certain farmer, who I know a little, called him an asked if he could rent his 22 acres, and apparently the 15-20 acres behind that that some one else owns. This farmer is related to the person that owns the land on the other side of me. What's the problem you ask, well, the guy that was renting mine was going to farm these other peices (but not mine) this year and then I was gonna pick it up next year. The landowner has not heard from this past renter yet this year and doesnt know if he was gonna take it or not. About 3 weeks ago I told my neighbor that if he pulls out I would rent it from him this year for the same rent as the current guy. He seemed to have forgotten that conversation, I am guessing that the "new farmer" wanting to rent offered a bit more than the current guy is paying. Now that you know that, this is the what really jerks my chain. These 40+/- acres are only accesible through my property, the nieghbor behind seemed to assume that this new renter would just pass through my place and land to farm it. I was sending a "2008 growing season" permission slip to the previous renter to cross my land for this 1 year since I am farming my own this year and I had told him he could come through my land this year, where I designate (he has huge equipment). I am assuming the person he is related to on the other side of me told him he can go through my land, and not to worry about, but I am firm that I will not allow my land to be used as a easment. Pee's me off that this new inquiring farmer and the landowners behind me assume that I would just let them get there using my private road and feild. I am gonna tell the neighbor today that I am not gonna allow my land for access to theirs, if they need a new renter, I will rent it for what they have been getting if they give me a 5 year term contract, other wise they will have to cut their own road to the feilds through their darn woods and be done with it. I am a little torqued right now had to vent, any suggestions from how I plan to handle the situation?

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jose bagge

04-16-2008 13:05:16




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
As far as I know, all easements have to appear in writing and/or on the plat. Before i invested in a lawyer, I'd get the county record and have a look. If it's not in writing and not diagramed on the plat, then there is more than likely no formal easement.
I am going to assume that they traveled through your property simply because it was easier access, and that the property is not landlocked.
If it's landlocked you may be required to provide access.

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paul

04-16-2008 20:21:23




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 Re: The nerve of some people in reply to jose bagge, 04-16-2008 13:05:16  
I visit a homesteading forum from time to time, and there are some _strange_ situations that happen to land that needs easements or 'easy' access....

What you say makes sense to any reasonable person & I agree with you.

Not every legal person is a reasonable person.... ;) One needs to be prepared for the reality - crazy as it is - that we live in.

I own a 5 acre woodlot that has 'over the fields winter access' for making firewood. It and maybe a dozen other little tracts are in there, landlocked. Someday, that poor farmer is going to be forced to allow a road by someone.... Won't be me making that move on him.

--->Paul

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paul

04-16-2008 12:11:45




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
I understand your position.

Take a day or 2 to collect your thoughts - you don't want to make this a retailation for something else.

Renting out land is a business, and folks do business. Your 'offfer' to rent the land for 5 years for the same price would be laughed at - land rent has nearly doubled in the past 12 months.

Easements are a funny thing, and govt types tend to judge for whatever causes them the least problems, not always what is just & fair. Look at the thread below on Judges.... There may be an exsisting unwritten easement; and the right buddies might decide putting in another road will cost the township/county too much money so as long as your field road is there, go ahead & use that. I'm not saying that would be 'right', but it can and has happened.

Raising holy caine with the neighbor can come back on a person over the next 30 years.... Be careful on burning bridges. Do your business your way, but try to be calm, and matter of fact, and don't look like you are blackmailing or trying to get even. If you will & can block access, do so, but do not tie it into renting the land or not. That only raises the territiorial feelings of human beings. You would basically be issuing a threat to the neighbor - rent to me or else!

Think this through a few days, and be very business like & matter of fact, and do what you will do. Straight out.

Your next 30 years hinge on how this all works out.

Again, I understand how you feel, and if it were me I'd feel exactly as you do. But, you want to end up with good results, not just be able to vent for a couple days & then have years of issues.

On all the farm boards, there is talk of spoken rental deals being forgotten about this year. It sucks, but that is how it goes. Rent is up - way up - and you might not have done much with a small offer of matching the old rent....

Allow or don't allow access to the other property across yours, but just leave that all by itself. Don't even bring up the land or rent. The neighbor can draw his own conclusions, and that appears to be done & gone now. Keep the upper path. Don't make anthing look like it is spite.

Someday it will come up for rent again, and you may or may not be in the running for it depending on how you handle this.

If I owned the land, and you said people can't drive to it because I want to rent it for last year's rental price, _I_ would look at that as blackmail.

Be careful how you word all that.

--->Paul

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Dave from MN

04-16-2008 15:04:27




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 Re: The nerve of some people in reply to paul, 04-16-2008 12:11:45  
I agree. My main issue is that I do not want my 1/2 mile road and farm being used as a access and staging base, which is how the previous renter had been using it during planting and harvest times. I have a nice loop and driveway because I have tractor /trailers coming up the driveway 3-4 times a week. We want our property to be an attractice, private setting in case we ever sell or develop. There also is a road, better than mine that runs along the south side of all these properties, which has about 1o acres of wood between that road and the tillable. There are 2 small narrow drives through these woods to each of the peices of tillable. My road and farm is more convieniant for large rigs and equipment. As far as the rent goes I never in my mind thought that I was saying rent to me or else, merely that IF, the current renter pulls out and he is considering another renter, that I would be interested in renting it, as I had previously told him, for an agreed upon price. He had been getting $20/acre, when I raised my rent , he inquired and I told him, so I know about what he was getting. As of this afternoon it sounds like he is also trying to sell the place, I mentioned buying it to the ol lady at supper, she got all huffy and said I need a new car, you need a new truck! As long as I can afford a car i dont care, but I am getting a new car. Sucks having a wife work at a doctor office, she gets so jealous of the fancy cars they drive.

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paul

04-16-2008 20:14:05




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 15:04:27  
Mine makes way more than I do; she keeps talking about getting a new vehicle, but we keep driving the same old ones... ;)

Again, I totally agree with you on the situation, I would not want to be an access point to other land at all. It sets up a situation that can turn into a tarred road to a development 15 years from now - once you let it happen you can get on the hook for an easement you don't want.

Last year it was the same renter accessing all the land he rented - no problem. This year is different, & this is your time to set things the way you want it on your property.

I'm with you!

--->Paul

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JCSinGA

04-16-2008 10:23:46




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
Yep, If there's an existing road to the property thats the one they get to use or if the existing road comes close to their property they get to use your road up to the point where another road has to be built to go on to their property.
So their entire road could legally be on someone else. However they are required to help with upkeep of the road. So if you need gravel, asphalt this would be the time to get it.
I feel your pain BTDT.

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135 Fan

04-16-2008 09:31:17




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
Check with the county and a lawyer. It's a small piece of land only. If another way into the property can be made, maybe you aren't required to provide access from your property. I thought that you only have to provide access if there is absolutely no other options. It also might depend on how big the property is. Dave



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thurlow

04-16-2008 09:19:00




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
It's easy to get caught up in what you think someone else can (or should) do and to want to be IN CONTROL; ultimately, one is lucky if he/she can control his/her own life. As far as access across your property, either they can LEGALLY cross you or not. Communication is good, but when it's all said and done, most folks are gonna do what's best for themselves. Some of these folks are.....maybe..... .making a living farming and I doubt that you are. Folks who own a tractor and work a few acres after work and on weekends really don't have a clue what's it like to risk your house, property and a lifetime's assets every time you put a crop in the ground (I mean no offense to you personally, just my take on your situation)

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VADAVE

04-16-2008 08:43:13




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
I've had similar problems around here. With the rising prices guys are doing anything to increase their farm ground. You want to be fair yet increase your farm ground and not be taken advantage of.
Go talk to the neighbor, remind him of the previous offer (maybe ask if about rent price). Call the farmer you were going to provide the access to--is he not wanting to farm the ground? Then if the neighbor continues to want to let the new guy rent it tell him to find another way in.

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Triplerange

04-16-2008 08:36:14




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
That's the problem with renting ground...so buy the rest of the ground and then it's not a problem anymore!

Realistically, Say yeah you'd grant access across your ground....for a price.
Or, maybe offer a little more money to rent....

Regardless, communication is the key.



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Don L C

04-16-2008 07:22:12




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
Dave ---

You need to rethink this.....sounds like blackmail to me..... Don



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Dave from MN

04-16-2008 07:49:07




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 Re: The nerve of some people in reply to Don L C, 04-16-2008 07:22:12  
Not trying to blackmail. These feilds theres and mine were all one big field farmed by one big farmer. I bought my 40 in 04, rented it out to the same guy that had been renting it, I had my tillable reconstituted as a different farm ID, I was gonna farm it myself last year but the renter had it enrolled in a EQIP program and really needed to be able to farm it or he would not have met his requirement. Its always been a year to year cash rent. He has known for 2 years I was gonna farm my ground. So last year he farmed my ground and his "access" to the land behind me was actualy the feild he had rented from me. I have not actually sent the letter to him because I was gonna see him in person and make the agreement, I have been told to either give huim a conditional permission to cross, each year, so it does not become a "right" for him to cross. Now that my part of that "big feild" is no longer being rented I dont see how, anyone, can claim they have a right to pass through my property. Also, we have 1000 evergreens coming that we were gonna border all out property lines with for conservation and privacy, dont need them being run over by others. I was gonna offer the neighbor enough trees to seprate his property from the other neighbors in addition to paying him rent if he wanted. Only reason there are no treed borders is becasue the previous renter has big equipment, and had an irrigation there. He pulled the irrigation this spring.

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in-too-deep

04-16-2008 07:00:14




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
Wanna go kick some butt tomorrow? ; )



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glennster

04-16-2008 06:01:12




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
dave, i"d recommend you consult an attorney on this one. if i read this right, you gave the previuos renter a one year written permission document to use your property to pass thru to conduct farming operations on the adjoining property. if it gives him specificaly permission, i do no see how that would be transferable to any other person not specifically named in the agreement. from what i also read, the other property is accessible thru the timber, altho some work needs to be done to have it usable. to me, it would be work the money to have an attorney get the access stopped before you wind up having a permanent easment thru your property.

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MN Bob

04-16-2008 05:48:53




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
Dave, like Bobia said, there may be a easement/landlock problem involved here. Best check with the county land office and see if there is or was any access granted to that property through your land or others. You may need some legal advise. I lucked out as there was other access to property behind me, even though people had been crossing the land before I bought it. Good luck, and let us know what happens, Bob

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IaGary

04-16-2008 05:33:27




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
Dave I agree with now having to let them passs thru your property.

But rent has gone up sooooo.

You might want to be a good renter and offer a little, I say little, more rent than what has been paid in the past.

Gary



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Brokenwrench

04-16-2008 05:32:14




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
I`d be a little careful of how you approach this. I think you are right on to let them know you don`t want your land used as access. Tell them you would love a chance to rent the land. I`d bet if you offer them even one cent more per acre than the previous renter, they`ll jump on it to avoid the hassle of getting to the land. Seems to me that this is more about the money to them than anything. To me it`d be worth it if the land was right out my back door, rather than having to road my machinery 3-4 miles to save a few bucks.

I know how it torqs a guy off when you have plans that get blind sided, but did the landowner know of your interest in the land, or was this just talked about between you and the renter?

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bobia

04-16-2008 05:22:59




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 Re: The nerve of some people in reply to Dave from MN, 04-16-2008 05:16:26  
here you can,t landlock land as they have been using your property do they have rights I don,t know but if can get thro their land then you are okay. you okayed with other party not this one good luck people are after the bucks nowdays



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jokers

04-16-2008 06:26:45




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 Re: The nerve of some people in reply to bobia, 04-16-2008 05:22:59  
If they have an access easement on Dave`s property it`s one thing, but if access has been granted one year at a time and in writing I don`t see where it`s Dave`s problem that some other nimrod landlocked some of his property. It would be adverse possession to grant a contested easement across Dave`s property.

Dave, have a beer or two and calm down, then gather your thoughts for the conversation that you need to have with your neighbor. It strikes me that your neighbor might be feeling you out and that he hasn`t yet finalized an agreement with the new renter.

Yeah, he started it, but you are throwing down the gauntlet if you rashly say "no access" across your land without knowing all of the details. Perhaps you should receive financial compensation for seasonally granted access across your property? What`s better than passive income?

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Rick in Michigan

04-16-2008 09:59:17




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 Re: The nerve of some people in reply to jokers, 04-16-2008 06:26:45  
Not only that, but proven compensation goes along way in a court to show that you did NOT intend to GIVE anyone an easement/access, therefore they have no right to a claim for an easement.



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