Re: UPDATE: dead trees and lush soybeans!

Posted by Mike (WA) on June 13, 2005 at 17:54:44 from (209.213.153.111):

In Reply to: Re: UPDATE: dead trees and lush soybeans! posted by Doug in IL on June 13, 2005 at 16:53:22:

Sounds like he already has- realtor paid treble damages for the trees, according to Mark- and courts are very reticent about awarding "speculative" damages. They also give very short shrift to monetary damages for "loss of enjoyment", it being very difficult to establish just what "enjoyment" entails. It is also incumbent on the buyer to inquire what use has been made of the property in the past (this is called, predictably, "inquiry notice"- if it looks like a crop was grown on the property last year, or if it looks like a house is being occupied by a tenant, the buyer should be asking who grew the crop or what the arrangement is regarding the tenant). The farmer's responsibilities begin and end with the statutory requirements of notice- he is not required to continually ask about pending sales, etc.- if he's not timely notified of recission of the ongoing rental agreement, he is generally not required to do anything else. Mark, would it have been obvious to a reasonable person that a crop was grown on the property last year? If so, did you ask the realtor what the deal was? Two can play at the game of hiding your head in the sand, and unfortunately, you had less right to do so than the farmer.

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