Welcome! Please use the navigational links to explore our website.
PartsASAP LogoCompany Logo (800) 853-2651

Shop Now

   Allis Chalmers Case Farmall IH Ford 8N,9N,2N Ford
   Ferguson John Deere Massey Ferguson Minn. Moline Oliver
 
Marketplace
Classified Ads
Photo Ads
Tractor Parts
Salvage

Community
Discussion Forums
Project Journals
Your Stories
Events Calendar
Hauling Schedule

Galleries
Tractor Photos
Implement Photos
Vintage Photos
Help Identify
Parts & Pieces
Stuck & Troubled
Vintage Ads
Community Album
Photo Ad Archives

Research & Info
Articles
Tractor Registry
Tip of the Day
Safety Cartoons
Tractor Values
Serial Numbers
Tune-Up Guide
Paint Codes
List Prices
Production Nbrs
Tune-Up Specs
Torque Values
3-Point Specs
Glossary

Miscellaneous
Tractor Games
Just For Kids
Virtual Show
Museum Guide
Memorial Page
Feedback Form

Yesterday's Tractors Facebook Page

  
Tractor Talk Discussion Board

Re: John T, a question for you


[ Expand ] [ View Replies ] [ Add a Reply ] [ Return to Forum ]

Posted by John T on August 01, 2012 at 07:07:02 from (216.249.82.117):

In Reply to: John T, a question for you posted by Richard G. on August 01, 2012 at 05:36:47:

Id say the lease doesnt have to be a whole lot "more involved" as you ask, the insurance company is concerned that your son (and/or you) has a legimitate "insurable interest". (Price, terms, duration, legal description, liability, which party is responsible for what, signatures are the very basics of a lease) Since the lease is to be for a one year term(s), I'd want it written and signed by all parties (owners of record and Tenant). Generally theres no requirement that a lease needs Notarized to be valid UNLESS the instrument is to be recorded (or your state has a statute that requires it), but it dosent hurt if your signatures are indeed Notarized and that way recordation is possible. Besides, recordation serves as actual (and constructive) notice to the general public of "interests" in real estate, so Id probalby have it Notarized and Recorded just to be safe. I SUGGEST AN ACCURATE LEGAL DESCRIPTION OF THE ACREAGE TO BE LEASED not just the barns on the SE corner of my farm, I'm sure you get the point. ALSO the lease will cover who is liable for accident or injury on or about the propery (generally the Tenant) and who bears the risk of loss and/or who insures against such loss (usually the landlord if he owns the real estste on which the buildings set).

You say its "your sons" sheds and barn BUT YOU SAY ITS ON YOUR PROPERTY hmmmmmmmm Generally real estate is the land and all structures permanemtly attached thereon, which means those are your barns and sheds I GUESS THATS WHAT THIS IS ALL ABOUT AND WHY EVEN IF THERES NO INSURANCE ISSUES THERE NEEDS TO BE A WRITTEN LEASE (same quality as if tenant were a total stranger) REGARDLESS!!!!!!!!!!!

HERES SOME PRACTICAL CONSIDERATIONS: Even though its "family" I recommend it still be formally conducted just as if a total stranger were the tenant. Such can protect BOTH parties down the road in case of accidents or injury or changed family circumstances or damage to the real estate. As far as the cost, its a deductible business expense to your sons operation and income to the landlord, your son might wanna ask your accountant about that.

ONE LAST THING Insurance Law is a strict matter of contract and if there was a catastrophic loss the insurance company will look for any possible loopholes, so Id still want a decent written lease that complies with the insurance contract requirements that you mentioned above.

WARNING AND DISCLAIMER As I said above, insurance law is a strict matter of contract interpretation and what it says matters NOTTTTTTTTT what myself or any other lawyer or any lay person here thinks or what THEIR insurance contract says or what some other persons particular states laws say, SO CONSULT YOUR INSURANCE CARRIER AND GET A DECENT LEASE (dont have to be all that complicated, so long as the basics are there) and dont hang your hat or rely on any professional (mines sure included) or lay advice offered here THERES TOO MUCH AT RISK which the small trouble and expense of a lease that complies with the insurance contract is sure a wise investment.......

REMEMBER if its your land those are your buildings so actually BOTH you and your son have an insurable interest (perhaps you the buildings and him the contents) so make sure the insurance provider is well aware of the situation and whatever they say about the lease requirements are complied with.

SORRY I cant give you any short straight answer, but a "lawyers" answer, but these issues can be a bit more complicated then a person might think......If it costs you a hundred dollars for a lease and an attorneys professional opinion such complies with an insurance requirement THAT OUGHT TO BE WORTH SOMETHING even for the peace of minds it brings

Ol John T Semi retired "Country" lawyer so if any of my co counsel more current practicing "City" lawyers disagree, you might wanna listen more to them lol


Replies:




Add a Reply

:
:
:

:

:

:

:

:

:

Advanced Posting Options

: If you check this box, email will be sent to you whenever someone replies to this message. Your email address must be entered above to receive notification. This notification will be cancelled automatically after 2 weeks.



 
Advanced Posting Tools
  Upload Photo  Select Gallery Photo  Attach Serial # List 
Return to Post 

TRACTOR PARTS TRACTOR MANUALS
We sell tractor parts!  We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]

Home  |  Forums


Today's Featured Article - A Farmall Story - by Ed Meadors. The year was 1978. Our young family had recently moved to rural Chesapeake, Virginia to a plot of land which would finally allow us to realize our dreams of a huge garden, critters and more lawn and pasture than we would ever use! We needed a TRACTOR; not a riding mower or tractor wannabe, but a real TRACTOR. The answer to our needs materialized in the form of a '44 Farmall A, complete with cultivators, discs, single plow, a 5ft.Woods belly mower and one, mounted spare 9.00x24 rear wheel. ... [Read Article]

Latest Ad: Sell 1958 Hi-Altitude Massey Fergerson tractor, original condition. three point hitch pto engine, Runs well, photos available upon request [More Ads]

Copyright © 1997-2024 Yesterday's Tractor Co.

All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy

TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.

Yesterday's Tractors - Antique Tractor Headquarters

Website Accessibility Policy