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Re: Indiana farmground rental question


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Posted by John T Country Lawyer on November 18, 2011 at 19:45:23 from (173.243.181.15):

In Reply to: Indiana farmground rental question posted by What to do on November 18, 2011 at 18:17:09:

The best free unresearched yet still professional legal advice I have to offer is:

GIVE HIM NOTICE AS SOON AS POSSIBLE like tomorrow if you havent already (and that may even be too late, see below).

It dont hurt to give it to soon, but it sure can hurt you if you give it too late. Absent a writing the Courts would look at past practices and local custom AND MOST IMPORTANTLY THE "REASONABLE EXPECTATIONS" AND "JUSTIFIABLE RELIANCE" OF THE PARTIES !!!!!!!!!!!!!!!

If he has farmed it for years and had no reason to believe you were going to terminate and a court finds that was reasonable and he in reliance upon that arranged for or maybe even pre paid for next springs seed and fertilize then you up next spring and try to kick him out YOU WILL LIKELY LOOSE. ALSO if based upon reliance that you let him farm it for years (and havent said anything yet) he spent money on fertilize to build up the soil the court will frown on you pulling the rug out from under him absent notice MAYBE EVEN LESS THEN A YEAR PRIOR!!!!!! (on the doctrine the fertilize he paid for will yield several years return payback)

Theres no need for me to look for any specific statute or research the common law regarding your question "what is the law" to give you any exact answer BECAUSE I KNOW FROM EXPERIENCE AND MY FORMAL LEGAL TRAINING the sooner you give NOTICE concerning any non written lease THE BETTER.....

I will go even further....... EVEN IF the "law" (statutes or common) or if your know it all brother in law or any lay persons tell you in their opinion "THE LAW SAYS YOU ONLY NEED ONE MONTHS NOTICE"

I SURE WOULDNT HANG MY HAT ON THAT its not possible to predict how a certain Judge on a certain day might feel or think and how he may rule REGARDLESS

SOOOOOOOOOOOOOOO GIVE HIM NOTICE IMMEDIATELY IS MY PROFESSIONAL LEGAL ADVICE and again if he has farmed it for years and already fall fertilized it and EVEN IF a stature or case indicates otherwise EVEN NOW MAY BE TOO LATE depending on the Judge and local customs and practices and reasonable expectations and justifiable reliance

Nuff said, get my point?????

John T Country Lawyer


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