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: Have an ODD thing going on????


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

Posted by John T Country Lawyer on August 29, 2015 at 06:17:10 from (216.249.74.3):

In Reply to: Have an ODD thing going on???? posted by JD Seller on August 28, 2015 at 19:52:58:

JD, while laws are different in other states, as an attorney I can still offer some very general although unresearched opinion. Absent a thorough review of all the facts and research of local law, professional and especially lay opinions are not worth much, so TALK TO YOUR LAWYER and consider his advice as more worthy then anything posted here, mine included!!!!!


1) Don't wait around, the longer you wait to do anything the worse things are for your side.

2) Generally speaking, some contracts regarding real estate need to be reduced to writing in order to be enforceable in a Court of Law. IE if you or the uncle or step dad or whoever said something DOES NOT mean a court will enforce it. If there is any sort of writing that's clear and un ambiguous the parol evidence rule may bar any oral testimony to rebut whats in writing.

3) There could or could not be some sort of "dead man statutes" that apply making it hard to allow any evidence the decedent said this or that THERE NEEDS TO BE A WRITING which it sounds like the stepson does NOT have. If a person wishes to pass some sort of an interest to another upon his death IT MUST BE TESTAMENTARTY IN NATURE and fulfill all the requirements which it sounds like are sure NOT present.

4) Any chance of an action for "Adverse Possession" is slim and if a person has permission to "squat" there the adverse requirement goes away. Besides that may take 10 years or more WARNING if you let things go as they are and his possession remains and is adverse plus all the other requirements are met (such as Hostile, Open, Continuous, Exclusive, Adverse and Notorious, and payment of taxes may or may be relevant)

I consider you an experienced businessman so talk to a local professional attorney and he may ????? advise an action for eviction ASAP and consider his advise and counsel as possibly worth more then what's posted on a tractor forum, be it from lay or professionals.

Best wishes, do as you please, its your business NONE of ours. However, if you want to do something legal ID ADVISE TO GET IT STARTED as the longer you wait you are giving at least some degree of permission which cuts in his favor!!!!

John T Country Lawyer


Replies:




Add a Reply!
You must be Logged In to Post


:
:
:

:

:

:

:

:

:

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 No List 
Return to Post 
Upload Photos/Videos
Upload one or more videos to your post. Photo filesizes should be less than 300K and Videos, less than 2MB. Formats allowed are gif, jpg, png, ogg, mp4, mov, and avi. Be sure to use filenames without spaces or special characters, and filetypes of 3 digits lower case.

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 - Third Brush Generators - by Chris Pratt. While I love straightening sheet metal, cleaning, and painting old tractors, I use every excuse to avoid working on the on the electrics. I find the whole process sheer mystery. I have picked up and attempted to read every auto and farm electrics book with no improvement in the situation. They all seem to start with a chapter entitled "Theory of Electricity". After a few paragraphs I usually close the book and go back to banging out dents. A good friend and I were recently discussing our tractor electrical systems when he stated "I figure it all comes back to applying Ohms Law". At this point ... [Read Article]

Latest Ad: Oliver 550 Diesel runs like a watch three point hitch pto engine gone threw about two hundred hours ago nice clean tractor [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