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Re: UPDATE: dead trees and lush soybeans!
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Posted by Paul in Michj on June 14, 2005 at 16:14:23 from (205.188.117.66):
In Reply to: Re: UPDATE: dead trees and lush soybeans! posted by Midwest redneck on June 13, 2005 at 14:43:33:
Redneck, It may depend solely when the new owner took posession of the land in question. Many farmers spread pot ash and other fertilizers on land in the fall prior to spring planting. In many cases it gives them the right to farm the land one more season regardless of who takes ownership. It is the same thing as if someone buys land after it has been planted, he can not take ownership of the crop, and if he is going to make any "improvements" to such land, he must either wait until the crop is harvested, or compensate the farmer fairly for the existing crop. The new owner cannot arbitrarily confiscate that crop. I think that Markuss situation happened because the realtor in his or her anxiety to sell the land failed to communicate to the farmer, or to the new owner just who had legal access to the land for this planting year. If the farmer has a paid up lease for this year, then the point is mute, he can indeed plant, and has ownership of the crop. If that lease does not exclude the area in which trees were planted, then the present owner has been more than fairly reimbersed. Just because someone takes ownership of a piece of property does not mean that his rights supercede all others. There may be renters or others who have right of way and whose rights transend the transfer of property. Thats why it is always good to read the deed restrictions and know the rights of the previous owners or tenants before taking posession of any property.
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