Argument with Farmer: WWYD situation

[Ghazzu]

This document may be helpful.
From page 39:

Virginia law provides that certain contracts not in writing are void as
to purchasers or creditors who have no notice of the contract. (Va. Code
Ann., § 11-1.) An oral contract for the lease of real estate for a term of
more than five years is void with respect to any innocent third party
purchasers or creditors unless the lease of 5 years or more is filed with the
land records in the court house. (Id.) For example, if a lease for a period of
over five years is not in writing and filed in the court house, a potential
purchaser has no notice of the lease. If Teddy Tenant is in the 3rd year of
the agreement and Billy Buyer purchase the farm from Lydia Landlord,
Teddy loses any rights under the lease. On the other hand, if the lease is
filled in the court house, Billy Buyer takes the land subject to Teddy
Tenant’s rights in the land. Any lease of more than five years must be filed
with the real estate records to be effective against third party purchasers.
The tenant would not be able to hold the new owner to the lease and the
tenant may have to vacate the premises.

[enjoytheride]

I find it bizarre that posters think the OP is at fault and OWES this farmer ANYTHING. He knew there was a new owner who had other plans. It’s not her problem that he trespassed and wasted money using chemicals. Why would you just let someone do that for the sake of being “neighborly” This has nothing to do with being neighborly.

Also, I’ve never heard of planting corn to get rid of crab grass.

[enjoytheride]

This is bizarre. He trespassed on a expired contract. Does the property owner need to press charges? No. But she owes him nothing. The locals will talk. The locals always talk.

I had a neighbor across the street threaten to sue me 1 month after I moved in for a broken drain tile under the PUBLIC ROAD that was flooding his field. Oh, despite the water coming over the top of my property and flooding my barn. He said that the prior owners had deliberately broken the tiles and it was our job to fix them.

I ignored him. Later found out everyone know he was a crook.

Someone bought his land, asked our permission to come onto our land and find out where the problem was. Surprise surprise, it was under the public road. That farmer pressured the town into fixing that tile and everything is fine.

[PaddockWood]

I’m with you. We bought a property with a farmer renting our front field. He knew the property sold and when he was over harvesting in the fall (we’d moved in a few months earlier) he knew we were planting a pasture.

O.M.G. I would have gone Honeybadger if he’d come on my land and sprayed anything.

And the more I think about the OP and what has happened I think I’d get a lawyer and sue. Sue to have that effr pay to rehab the soil he ruined. No effing way.

[StormyDay]

Ok, probably the final update!

The farmer finally called back. He was a lot more calm this time. Turns out that there was never a contract at any time; it was all verbal. The owner A or B never told him the property sold, which, in hindsight, someone definitely should have sent him a letter or something; I’m just not sure if that should have been me. (I feel like since he was technically a ‘renter’ it should have been the sellers responsibility to inform him).

He very obviously knew he didn’t have a foot to stand on here. I offered the bottom 4 acres to hay and made it clear that it would be for this year only and that he would have to give me notice before he is ever on the property. He was thanked me for the offer and said that it was kind of me to do that so he could recoup his money, and said he was going to talk to his sons to decide if they wanted to do that. Also, somehow the 1k amount he spouted off earlier became more like a few hundred dollars….

Also, my assumption was correct; it was 2,4 D he used and the field was not fertilized.

If he takes me up on the offer to do the bottom 4 acres I will have a contract written up that outlines the expectations (12h notice before entering property, just for the 2022 growing season and will not automatically renew, and any chemicals sprayed must be okayed by me before application).

I’m satisfied with this outcome. No bridges burnt, but I also will likely not use him in the future for any services. I do hope that maybe this is a gentle lesson that he needs to have on paper contracts and check with land owners every year. If I was a real arsehole I could have waited until he baled the hay, collected my new hay bales, and then told him he was trespassing and there wouldn’t have been a thing he could have done about it.

[enjoytheride]

Right. I’ve had people purchase land that had crops on it and usually there’s something in the sales agreement that says what happens to the crops. You either “buy” the crops, the farmer loses them, or you can let the farmer harvest them.

[3PonyFarm]

https://www.vdacs.virginia.gov/pesticide-applicator-certification.shtml

I am glad you were able to work things out. It is so frustrating to deal with people who are jerks. Just in case you have any further issues, I posted the link about the applicator certification. I believe that farmers fall under the private applicator but you could check with them to be sure. There is also a search by name to see if someone has their license.

Good luck!

[BrendaJane]

@StormyDay

I will if necessary contact an ag lawyer, I’m hoping I can resolve the problem without needing legal representation but we will see.

Get that friendly lawyer now, so you are ahead of the curve.
even id AG is not their field, they can look up the laws and find someone who is versed in this! do not delay! guys like this see friendliness as weakness.

well, nvm. I see you got things done.
Hope it hold up.

[Ghazzu]

This sounds like a relatively positive outcome all around.

[frugalannie]

Strong work, Stormy Day!

[trubandloki]

Then, who did he think he was talking to the other day when you talked to him?

[HungarianHippo1]

You’re not required to record the agreement (but smart lessees do, since it’s how you ensure that all parties (bank, buyer, etc) honor your claim on the property. If it’s recorded it shows up on the title search. Other than that, there are all sorts of disclosures required in any property closing and if seller didn’t disclose, you’d have cause for action against the seller.
The reason these contracts are hard to cancel is that without a year’s notice, the lessee has made advance investments in fertilizer, herbicide, and seed.

[moonlitoaksranch]

I’m glad you cleared it up with him about then haying.

I bought land that was in soybeans. I contacted the farmer to ask when the harvest was. I felt it best to honor the lease and I didn’t touch that portion of the land until after the crop was harvested. He was quite happy about it and subsequently seeded it for pasture for me at a discount. That family turned out to be the best neighbors. We’ve moved away, but we still keep in touch.

[McGurk]

Great resolution, @StormyDay! Thanks for the update.

[eightpondfarm]

do you know he actually sprayed actual fertilizer? Could have been just water!!

IF you reimburse him for ‘fertilizer’ i would want to see an invoice from the farm co op to verify he bought

If it were me, i’d be livid. And i would not allow him to set foot on my property again. For any reason whatever.

Sneaks and liars are not someone i want on my land.

[eightpondfarm]

i know it’s easy to be all-tough and hardcore when it’s someone else’s life LOL.
In fact, i don’t know what i would do… Might depend a lot on my impression of the guy and my gut instinct about him. On the surface, from here on the internet, he seems pretty sketchy…

Just read the rest of the posts, and see you’ve come to an arrangement. Wishing you the very best of outcomes!!

[BUSY]

@eightpondfarm

i know it’s easy to be all-tough and hardcore when it’s someone else’s life LOL.
In fact, i don’t know what i would do… Might depend a lot on my impression of the guy and my gut instinct about him. On the surface, from here on the internet, he seems pretty sketchy…

Just read the rest of the posts, and see you’ve come to an arrangement. Wishing you the very best of outcomes!!

just saying … you are always sharp on these situations - I’m forwarding all my ‘sticky’ property situations to you - TIA -

• as well as putting you on speed dial for truck /trailer jackknife crap

I’ll send you and family a nice Honey Bake Ham at Christmas ----- ??? deal ???

[eightpondfarm]

i have gone through 5 or 6 hay guys to come cut our hay. Hay is very important to me and if they won’t do things properly, here on my farm, with my hay…they’re gone.

6 or 7 years ago, current fella and i have had quite a big argument which had him storming off taking his equipment with him. His wife (she helps out tedding so she knows me) made him come back He was clearly wrong. And he and i are friends now. Some people you just need to meet head-on. I don’t go around looking for confrontation, but i’m not anyone’s doormat.

[BUSY]

I, understand - have all types of issues with hay - mainly with others not respecting free hay and RUTTING pastures in my absence - after they removed locked gates from hinges - I no longer allow anyone on either of my properties unless I AM PRESENT - and contracts, indicating the “rules” are always signed in advance. Some rude people have been "tossed’ forever. I understand.

[eightpondfarm]

my two issues with our hay guys is: 1) they come too late, after the cool season grasses have grown stems and dropped all their seed already. and 2) they bale a day too soon. Last year’s hay on one of our fields was not dried enough and some of the bales i put out weren’t eaten because of mold. grrrrrrrrr